CHANGING CUSTODIAL ENVIRONMENT.

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.

“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

“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 (Source, e-journal #70586, Michigan Court of Appeals unpublished 5/21/19, no.346025.)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.

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"... while mental illnesses may create unfortunate barriers for parents in child custody cases, it is the best interests of the child that must guide a trial court in making custody and parenting time decisions."

"Unlike cases involving the termination of parental rights, in which courts must balance the best interests of minors against the constitutional rights of their parents, a trial court’s singular focus in cases brought under the Child Custody Act, MCL 722.21 et seq., is “ ‘to promote the best interests of the child and to provide a stable environment for children that is free of unwarranted custody changes.’ ” Lieberman v Orr, 319 Mich App 68, 78; 900 NW2d 130 (2017), quoting Pierron v Pierron, 282 Mich App 222, 243; 765 NW2d 345 (2009). With respect to parenting time decisions in particular, MCL 722.27a(1) provides, in pertinent part: (1) Parenting time shall be granted in accordance with the best interests of the child. 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. Except as otherwise provided in this section, parenting time shall be granted to a parent in frequency, duration, and type reasonably calculated to promote a strong relationship between the child and the parent granted parenting time. -5- However, if “it is shown on the record by clear and convincing evidence that it would endanger the child’s physical, mental, or emotional health,” parenting time need not be ordered. MCL 722.27a(3); Luna v Regnier, 326 Mich App 173, ___; ___ NW2d ___ (2018) (Docket No. 343382); slip op at 3. "
(e-journal 70441, Jackson v Appling Mich. App. Unpublished 5/7/19.No. 345488.

Presented here by Flint Family Law ,Divorce, Attorney Terry Bankert. www.attorneybankert.com .

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“A divorce judgment entered upon the settlement of the parties represents a contract, which, if unambiguous, is to be interpreted as a question of law.” Holmes v Holmes, 281 Mich App 575, 587; 760 NW2d 300 (2008). A trial court may modify spousal support based on new facts or different circumstances arising after entry of the divorce judgment. Ackerman v Ackerman, 197 Mich App 300, 301; 495 NW2d 173 (1992). The burden is on the party seeking modification to establish that the facts warrant modification. Id"

Presented here by Attorney  Terry Bankert, 810-235-1970, Flint Family Law , Divorce, Lawyer.

www.attorneybankert.com

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