Now Accepting New Clients!

FAMILY LAW 72: Plaintiff’s refusal to cooperate regarding parenting time results in change of custody.

The parties entered a consent judgment of divorced on, which provided them joint legal and physical custody of their only child, JM, and set a regular parenting time schedule under which defendant had parenting time every other weekend and on one night every other week.

Disputes arose regarding parenting time, JM’s vaccinations, and JM’s participation in tutoring and therapy, resulting in the filing of various motions. The circuit court held hearings and entered orders, some of which plaintiff refused to obey.

Defendant planned a vacation cruise with JM for his parenting time during JM’s spring break, but plaintiff refused to abide by the consent judgment of divorce’s terms requiring her cooperation which prompted defendant to seek the court’s assistance. The circuit court granted the motion and ordered plaintiff to stop interfering with defendant’s parenting time and sanctioned plaintiff for doing so and violating the consent judgment of divorce.

Move for Change of Custody

Then plaintiff unilaterally refused to allow defendant to exercise parenting time which prompted defendant to move for a change of custody, modification of parenting time, and modification of child support.

A party seeking to modify an existing child custody order must first establish proper cause or a change of circumstances before the trial court may reopen the custody matter.

Best Interest Factors

Factor (j) concerns the willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents. MCL 722.23(j).

The record reflects that plaintiff refused to cooperate with defendant regarding defendant’s parenting time until the circuit court intervened to enforce defendant’s rights. The record indicates that defendant never prevented plaintiff from exercising her parenting time with JM. The circuit court considered and weighed all the evidence and determined that MCL 722.23(j) weighed in defendant’s favor.

Court Grants Change in Parenting Time

After conducting an evidentiary hearing at which the circuit court heard testimony and considered the best-interest factors set forth in MCL 722.23, the circuit court determined that factors (a), (b), (e), (f), (g), and (k) favored neither party, but factors (c), (d), (h), (j), and (l) favored defendant. The circuit court ruled that modification of its previous custody order served JM’s best interests and granted defendant’s motion to change custody, change the parenting time schedule, and modify child support.

Assistance With Post-Decree Modifications

It is important to remember that decrees regarding child support and child custody are not always final. Circumstances change all the time, which is why it is possible to seek a post-decree modification. Contact Aldrich Legal Services if you would like to meet with one of our lawyers about your case. You may also send us an email at any time.

Contact Aldrich Legal Services

Speak to a Pro: (734) 404-3000

The benefits of home health care providers

Originally posted on 03/22/2017 As we get older or suffer an injury, we need a little extra help. Home health care providers or caregivers can provide the assistance needed to handle your or your loved one's health and safety...

What to know about bail conditions

Originally posted on 03/06/2017 If you have been arrested and are being held on the suspicion that you have committed a particular crime, chances are that the only thing you are thinking about is getting out of jail as soon as possible and...

College students and estate planning

Originally posted on 12/16/2016 With college semesters starting up in Michigan, it may not be so easy to get college students to think responsibly. This time can be especially tough with the need of moving back to school and getting...

Three reasons to put a power of attorney in place

Originally posted on 11/08/2016 While no one wants to think of the unfortunate possibility of being incapacitated or of a time when we can't handle our own affairs, this circumstance is a real possibility. If something happens and this...

How to approach parents about estate planning

Originally posted on 12/09/2016 Family forms a strong foundation for many people's first and most intimate community. It is important to strengthen these first relationships so even uncommon questions become natural. For those...

PROBATE 44: Petition for Mental Health Treatment

Michigan’s Mental Health Code governs the civil admission and discharge procedures for a person with a mental illness. Specifically, MCL 330.1434 sets forth the procedure and content requirements for a petition for mental health treatment.

Should you get your criminal record expunged?

Originally posted on 04/12/2017 If you have been convicted of a crime, have served your sentence, and have followed all court recommendations, you should be able to put your past behind you and move on with life. Moving forward is critical...

Choosing the right executor for an estate

Originally posted on 05/28/2017 When people are thinking about planning their estate, they often think about trying to minimize the estate tax, keeping their will updated, and keeping items out of probate court; however, there is another...

Understanding how the Miranda warning works

Originally posted on 11/25/2016 Michigan residents who have seen television police shows or movies involving law enforcement have no doubt watched many dramatic scenes with officers quoting something to the effect of, "You have the...

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