Now Accepting New Clients!

FAMILY LAW 74: An established custodial environment may exist in more than one home.

The parties have one child together, CFM. Plaintiff initiated this action on by filing a complaint for custody, in which he requested joint physical custody of CFM. Shortly thereafter, plaintiff filed an emergency motion for parenting time; the court granted this motion.

Defendant answered plaintiff’s complaint and filed a counterclaim for custody, parenting time, and child support, in which she requested that she be awarded sole physical custody of CFM.

The trial court conducted a bench trial regarding plaintiff’s complaint for custody. Plaintiff and defendant were the only individuals who testified at the trial.

Established Custodial Environment

The court analyzed the parties’ testimony at trial and specifically considered all relevant periods of CFM’s life, including periods when the parties were not living together.

Before making a custody determination, the trial court must determine whether the child has an established custodial environment with one or both parents. A child’s established custodial environment is the environment in which over an appreciable time the child naturally looks to the custodian in that environment for guidance, discipline, the necessities of life, and parental comfort. An established custodial environment is one of significant duration, both physical and psychological, in which the relationship between the custodian and child is marked by security, stability, and permanence.

Child Resides with One Parent

Defendant argues that an established custodial environment was created solely with her during the period between November 30, 2019, and February 19, 2020, during which time CFM resided only with defendant. Specifically, the trial court noted that the parties separated on November 29, 2019. The trial court explicitly noted that, after the parties separated, plaintiff cared for CFM several days a week; exercised overnight visits with CFM; demonstrated comfort providing for CFM’s needs for CFM until March 2020. The trial court noted that, after March 2020, plaintiff scaled back dramatically on his parenting time as a precaution against exposing CFM to COVID.

An established custodial environment may exist in more than one home and can be established as a result of a temporary custody order, in violation of a custody order, or in the absence of a custody order.

Joint Physical Custody

The trial court concluded that an established custodial environment existed with both parties. The court thus awarded the parties joint physical custody of CFM.

Child Custody & Support

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. If the divorce or separation process does not turn out like you thought it would, you may not have the custody, visitation, or child support you deserve. 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

Speak to a Pro: (734) 404-3000

Basic responsibilities of an executor

Originally posted on 01/11/2017 The emotional toils of dealing with the death of a loved one can be considerably difficult. Nevertheless, perseverance is paramount; especially if you are appointed to be an executor to one’s...

What you need to compliment your will

Originally posted on 02/08/2017 Making end-of-life plans usually end with a will, but they shouldn't. Some believe that simply having a will is enough. However, this post will briefly explain how having other estate planning...

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