WHAT HAPPENS WHEN YOU ASK THE COURT TO CHANGE CUSTODY?
The party or parent that starts a change of Child Custody in Flint ,Genesee County or Michigan is called the moving party.
The party moving to alter custody bears the burden, by a preponderance of the evidence, of demonstrating that proper cause or a change of circumstances exists before the trial court may even undertake an inquiry into whether an established custodial environment exists. Id. at 509. For help contact attorneybankert.com Lawyer Terry R. Bankert 810-235-1970
In Vodvarka, the Court’s set forth an “objective test for courts to apply in determining what constitutes proper cause or a change of circumstances.” Id. at 510. Recognizing that the underlying purpose of MCL 722.27(1)(c) is to minimize unwarranted disruptions in a child’s custody, and “[p]roviding a stable environment for children[,]” Courts set forth guidelines for determining if proper cause exists. Id. at 509, 511.
Proper cause means one or more appropriate grounds that have or could have a significant effect on the child’s life to the extent that a reevaluation of the child’s custodial situation should be undertaken. * * * [T]o establish “proper cause” necessary to revisit a custody order, a movant must prove by a preponderance of the evidence the existence of an appropriate ground for legal action to be taken by the trial court.
The appropriate ground(s) should be relevant to at least one of the twelve statutory best interest factors, and must be of such magnitude to have a significant effect on the child’s well-being.
When a movant has demonstrated such proper cause, the trial court can then engage in a reevaluation of the statutory best interest factors. [Vodvarka, 259 Mich App at 511-512 (footnote omitted).]
Presented here By Flint Attorney Terry R. Bankert 235-1970