Now Accepting New Clients!

FAMILY LAW 27: Court would have to examine the best-interest factors to change school districts.

Plaintiff filed for divorce on September 1, 2017, after defendant and the children left the marital home in Bay County, due to plaintiff’s alleged physical abuse, and moved into the home of defendant’s mother in Kent County.

Following a hearing in September 2017, the trial court denied plaintiff’s emergency motion to require that the children attend school in Bay County for the 2017-2018 school year. Instead, the court ordered that the children would attend school in Kent County.

A contested custody hearing was held over two days in July 2018. After the parties presented their proofs, the trial court made findings on each of the best-interest factors in MCL 722.23.

After examining the best-interest factors in MCL 722.23, the court found that there are substantial and compelling reasons to make a change. The change to which the court was referring does not appear to be to the school but, rather, to the community in which the children would reside.

Although the court did not explicitly state that an established custodial environment existed with defendant, it implied that such an environment existed. The court’s consideration of the best-interest factors also suggests that the court found the existence of an established custodial environment with defendant.

The court shall not modify or amend its previous judgments or orders or issue a new order so as to change the established custodial environment of a child unless there is presented clear and convincing evidence that it is in the best interest of the child.

In order to modify the established custodial environment, such as through the change of school districts, the court would have to find by clear and convincing evidence that such custodial modification is in the best interests of the children.

If you are going through a divorce or are separating from the mother or father of your children, it is important to protect your custodial rights.

Seek the advice and guidance of an experienced family law and divorce attorney who will be by your side every step of the way.

Contact Aldrich Legal Services

What You Need to Know About Distracted Driving

A great U.S. freedom is the ability to drive the open roads. However, every year there are more than 20,000 car accidents in Michigan. Many of these accidents come from distracted driving and could have been avoided. Distracted driving is such a...

Reasons Your Will or Trust Could be Contested

Everyone reacts in their own way when a family member passes away. Emotions can run high, and people can react more strongly than they normally would. Some family members may feel cheated by what a will or trust grants them leading them to contest...

Penalties For Driving Without Insurance in Michigan

Getting into a car and going for a drive isn’t perfectly safe. Driving on the Michigan roads can be dangerous. Driving those same roads becomes financially dangerous if you drive without car insurance. Between fees, charges, and possible...

PROBATE 36: Undue influence to execute Lady Bird deed.

This probate dispute between siblings arises out of the death of their father. Their father lived alone. In 2013, however, he asked appellee to live with him. She agreed, moving into the home in August 2013. Appellants allege that in the years...

Top 5 Most Common Traffic Violations in Michigan

Staying safe on the roads is in everyone’s best interest. However, keeping yourself or others out of danger is everyone’s responsibility. Getting a traffic ticket ends up costing drivers big time. Traffic tickets and citations cost money...

A Cheap Divorce is Not Worth It

Money is an important factor whenever you work with a professional. When you go through a divorce, your money and time can get even tighter. Hiring a cheap lawyer to handle your case could be attractive. However, they will end up letting you down....

Don't let a bad decision, unfair contract, or a messy divorce get in the way of a promising future!
Contact the experienced team at Aldrich Legal Services today to schedule your free initial
and secure reliable and trustworthy representation today!
Get the Help You Need From a Team You Can Truly Count On: (734) 404-3000