Plaintiff and defendant were married in December 2008 and had one minor child born during the marriage, AM. Plaintiff also had a daughter from a prior marriage, who is not at issue in this matter. During the parties’ marriage, plaintiff was...
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Plaintiff requested sole legal custody, arguing that she and defendant had difficulty co-parenting and that defendant would not agree to medical treatment for the diagnosis and treatment of ADHD, need for orthodontic work, and need for vision testing and glasses. Plaintiff also requested an alternating weekly or biweekly schedule during the summer, which would increase her overall parenting time.
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.
The party requesting the change of domicile of the minor child has the burden of establishing by a preponderance of the evidence that the change is warranted.
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.
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.
A contempt proceeding for failure to comply with a parenting time order is generally considered civil in nature.
The court agreed with plaintiff that the trial court erred in failing to consider whether the change was in the child's best interests, noting it "failed to make reviewable findings of fact regarding whether a modification of defendant's parenting...
Defendant and the plaintiff-mother are the parents of an eight-year-old girl. The trial court awarded sole physical custody of the child to defendant with 6 hours of supervised parenting time per week to plaintiff, dependent on her psychological...
A trial court properly granted a father's request for a change in domicile, allowing him to move the minor children from Michigan to Kentucky
The court held that the trial court properly granted the plaintiff-father's request for a change of domicile, changing physical custody and parenting time of the parties' minor children. However, it did not properly resolve the issues of the...