MAY A COURT AMEND A CUSTODY OR PARENTING TIME ORDER?
A trial court may modify or amend its previous judgments or orders, including those addressing custody or parenting-time issues, “for proper cause shown or because of a change of circumstances.” MCL 722.27(1)(c). Before doing so, a trial court “must first consider whether the proposed change would modify the established custodial environment.” Pierron v Pierron, 486 Mich 81, 85; 782 NW2d 480 (2010). “
WHAT IS THE ESTABLISHED CUSTODIAL ENVIRONMENT.
“The 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.” Id. (quotation marks omitted), citing MCL 722.27(1)(c). “
EXAMPLE OF WHEN THIS ENVIRONMENT NOT CHANGED.
EXAMPLE OF WHEN THIS ENVIRONMENT NOT CHANGED.
“Whereas minor modifications that leave a party’s parenting time essentially intact do not change a child’s established custodial environment, significant changes do.” Lieberman, 319 Mich App at 89-90 (cleaned up). If parenting-time adjustments “will not change whom the child naturally looks to for guidance, discipline, the necessities of life, and parental comfort, then the established custodial environment will not have changed.” Pierron, 486 Mich at 86. “
EVIDENCE NEED TO CHANGE CUSTODIAL ENVIRONMENT
EVIDENCE NEED TO CHANGE CUSTODIAL ENVIRONMENT
“The trial 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.” MCL 722.27(1)(c). “
“It is presumed to be in the best interests of a child for the child to have a strong relationship with both of his or her parents.” MCL 722.27a(1).”
“Whereas the primary concern in child custody determinations is the stability of the child’s environment and avoidance of unwarranted and disruptive custody changes, the focus of parenting time is to foster a strong relationship between the child and the child’s parents.” Shade v Wright, 291 Mich App 17, 28-29; 805 NW2d 1 (2010).” (Source, e-journal #70586, Michigan Court of Appeals unpublished 5/21/19, no.346025.)
Presented here by Flint Divorce Lawyer Terry Bankert Attorney practicing Family Law, Divorce, Child Custody, Parenting time, Support and other Family issues. 1-(810- 235-1970, www.attorneybankert.com No charge for initial appointment.
Presented here by Flint Divorce Lawyer Terry Bankert Attorney practicing Family Law, Divorce, Child Custody, Parenting time, Support and other Family issues. 1-(810- 235-1970, www.attorneybankert.com No charge for initial appointment.
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