The appeals court was concerned with the trial court’s minimization of the effect of the domestic violence in the home upon the parties’ children.
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Posts in the Custody category:
FAMILY LAW 33: Defendant posited that he was an affiliated father under the Revocation of Paternity Act.
Following entry of the judgment of divorce, plaintiff filed a motion for revocation of an acknowledged father’s paternity under MCL 722.14371 of the Revocation of Paternity Act (RPA).
FAMILY LAW 32: Trial court committed error in failing to address whether there was an established custodial environment.
On appeal, plaintiff argues that the trial court failed to make any findings regarding (1) the child’s established custodial environment, (2) the child’s best interests regarding the grant of primary physical custody to defendant, (3) the child’s best interests with respect to parenting time, and (4) the child’s best interests pertaining to the parties’ dispute over daycare.
FAMILY LAW 31: Custody decisions require all best interest factors, but parenting time decisions only contested issues.
Custody decisions require findings under all the best interest factors, but parenting time decisions may be made with findings on only the contested issues.
The fact that plaintiff offered defendant the RFR for numerous Tuesday overnights over the course of approximately nine months does not support defendant’s position that a change of circumstances or proper cause has arisen.
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.
Defendant ultimately not being in full compliance did not make the filing of the motions or the signing of them by defense counsel frivolous.
Plaintiff’s counsel argued that defendant had not established proper cause or a change in circumstances as required under the standards.
At issue in this case is whether Plaintiff satisfied the jurisdictional residency requirement contained in MCL 552.9(1), which provides that a judgment of divorce shall not be granted by a court in this state in an action for divorce unless the complainant or defendant has resided in this state for 180 days immediately preceding the filing of the complaint.
CPS informed defendant that his repeated calls and complaints against the Plaintiff-mother, in which there was not a preponderance of evidence to support the complaint, are ‘counting against him’ at this point.
The Child Custody Act of 1970, MCL 722.21 authorizes a trial court to issue custody and parenting-time orders that are in the child’s best interests. A showing of proper cause or change of circumstances is required to modify a parenting-time order. The movant has the burden of proving by a preponderance of the evidence that either proper cause or a change of circumstances exists.
Plaintiff contends that the trial court erred in failing to determine ALF’s established custodial environment before it modified the custody order. Plaintiff correctly states that the trial court failed to determine the established custodial environment.
Pursuant to the Friend of the Court Act, MCL 552.501 et seq., when a domestic relations motion is submitted to a referee for hearing, a party who files a timely objection to the referee’s recommendation is entitled to have the matter reviewed by the trial court. MCL 552.507(4).
The circuit court awarded defendant sole legal and physical custody of the minor children and awarded grandparenting time to plaintiffs.
The court found that plaintiff would rather have her children in daycare than have them spend time with their father.
The appeals court concurred with the findings of the trial court that the assertions which provided the basis for defendant’s motion are within the bounds of normal life circumstances typical of 13-year-old teenagers.
In this case, respondent’s counsel failed to notify respondent of his intent to withdraw from representation, and the court failed to notify respondent of the date of the termination trial.
FAMILY LAW 18: Parents with joint legal custody cannot agree on school child will attend, the trial court decides.
With regard to the trial court’s order concerning preschool placement, plaintiff argues that the trial court erred by issuing the order without conducting an evidentiary hearing, making findings of fact, or analyzing the best-interest factors.
In this case, plaintiff argues that the trial court erred when it made a change from sole to joint legal custody without determining the established custodial environment.
The threshold to changing custody, finding a change of circumstance or proper cause are intended to erect a barrier against removal of a child from an established custodial environment and to minimize unwarranted and disruptive changes of custody orders.
This case involves parties who, after living in Michigan for several years, returned to their native country of India in 2014 with their three children. In 2016, plaintiff returned to Michigan and filed for divorce.
The petitioner has the burden to prove by clear and convincing evidence that termination of the noncustodial parent’s rights is warranted. In order to terminate parental rights, the court must find that the requirements of subsections (a) and (b) are both satisfied.
The trial court ordered that the child finish kindergarten at the school that he was attending and enroll in the school halfway between for the following school year beginning in the fall of 2017.
Before modifying an existing custody order, a trial court is required to find that the party seeking to modify the custody order has shown, by a preponderance of the evidence, proper cause or change of circumstances as set forth in MCL 722.27.
With respect to a request to modify child custody, a trial court is required to determine whether there is an established custodial environment with one or both parents before making any custody determination.
An established custodial environment is established if over an appreciable time the child naturally looks to the custodian in that environment for guidance, discipline, the necessities of life, and parental comfort.
In this case defendant (father) appeals the trial court denying his motion to modify custody of the parties’ three minor children.
The trial court’s opinion and order terminated respondent’s parental rights to the minor child under MCL 710.51(6) (failure to comply with a support order for two years or more and failure to visit, contact, or communicate with the child for two years or more).
The parties were divorced on March 22, 2010, and agreed to share joint legal and physical custody of their two minor children through a consent judgment of divorce. Then, on May 4, 2010, plaintiff gave physical custody of the children to defendant...
Factors supporting a parent moving a child's legal residence whose custody is governed by court order.
MCL 722.31(1) prohibits a parent of a child whose custody is governed by court order from changing a legal residence of the child to a location that is more than 100 miles from the child's residence at the time the order is issued. However, a...
To modify physical custody of child, must establish material change and significant effect on child's well-being.
Plaintiff appealed the trial court's order denying plaintiff's motion to modify physical custody of two of the parties' minor children. In 2014, a consent order was entered wherein the parties agreed to share joint legal custody of all three...
Michigan Court of Appeals affirmed that termination of father's parental rights was in the child' best interests.The caseworker testified that the father never met the child because he was continually incarcerated during the child's entire life....
The court held that the circuit court improperly awarded sole custody of the parties' child to the father absent a best-interest analysis, and should have continued the child protective proceedings as the mother pleaded to jurisdictional grounds.
As the mother's case proceeded, the circuit court placed the child in the father's custody, and instead of continuing the matter so respondent could engage in services and work toward reunification, it completely dismissed the child protective...
The court held that the trial court did not err in finding there was an ECE in both parties' individual households, or in applying a clear-and-convincing-evidence standard when determining whether there should be a change in physical custody.
Holding that a custody agreement existed between the plaintiff-father and the defendant-mother, but that the trial court failed to adequately consider the child's best interests before it entered the custody judgment, the court vacated and remanded.
The parties had a child together, but never married. They entered into a mediated parenting time and custody agreement. Defendant later objected to the agreement and requested a best interests hearing, which the trial court denied. On appeal, the...
Holding that the trial court did not abuse its discretion by denying defendant-Norman's (father) motion to change custody and allowing plaintiff-Curtis (mother) to retain primary physical custody of the parties' minor daughter (S), the court affirmed
Norman argued that the trial court's finding of an ECE with Curtis was against the great weight of the evidence, meaning that the trial court erred by applying a clear and convincing standard as opposed to a preponderance of the evidence standard....
The trial court's determination that the defendant-father failed to show proper cause was not against the great weight of the evidence. Also, his argument that he was entitled to another evidentiary hearing was without merit.
Defendant argued that the trial court erred when it made its threshold determination that proper cause or a Change Of Circumstance did not exist to warrant revisiting the issue of custody. The last custody order was entered on 10/8/14 by consent of...
The court vacated the trial court's order denying the plaintiff-mother's objections to an order awarding the petitioner-grandmother (defendant-father's mother) grandparenting time, and remanded the matter to the trial court.
The referee presumed that plaintiff was a fit parent, but found petitioner had overcome the fit-parent presumption. The referee based her finding on the fact that an FOC report recommended grandparenting time. First, the court noted that the...
The defendant failed to establish a change in circumstances to alter the child's established custodial environment or that the move was in the child's best interests, so the Court affirmed the trial court's denying his motion for sole custody.
First, he incorrectly argued that he was not required to present evidence as to PC or a CIC because the trial court's initial custody decision was based on an agreement between the parties. "A negotiated settlement agreement 'does not diminish the...
Given the trial court's reliance on record evidence supporting its findings under the best-interest factors of MCL 722.23, the Court of Appeals found no abuse of the trial court's discretion in granting physical custody to defendant-Govitz (father).
Although Kayko worked fewer hours and had more opportunity to tend to KKG "on a daily basis, this did not negate that Govitz equally loved his son and could care for him." Accordingly, the evidence did not preponderate against the trial court's...