Changing Child Custody
The Child Custody Act of 1970
The Child Custody Act authorizes a trial court to modify child custody orders “for proper cause shown or because of change of circumstances,” and if in the child’s best interests. (MCL 722.27 (1)(c)
2) (a): Must show there has been a change of circumstances.
2) (b): Demonstrate by clear and convincing evidence that a change of custody is in the best interest of the child.
2) (b):1. Present heavy burden of proof that there will not be unwarranted and disruptive changes in a child’s life.
2) (c): Best interests of the child, their stability, and well being is paramount.
If “proper cause” is shown or that it is in the best interest of the child, the court can change custody.
Change of Circumstances requirements:
“Only applies to cases in which a party is attempting to alter or modify a previous custody order, such that a trial would be required to reconsider a previous determination of the best interest factors.”
Under the Burden of Proof – MCL 722.27 (1)(c)
Appropriate grounds: Should be relevant to at least one of the twelve statutory best interest factors and must be of such magnitude to have a significant effect on a child’s well being.
“The Court need not wait until the appropriate grounds has had a negative effect on a child’s life”
Vodvarka v. Grasmeyer, 259 Mich App 499 (2003)
Thompson v. Thompson, 261 Mich App 353
Greenlee v. Davis (Docket # 285036) (2008)