Changing Child Custody in Flint.


Changing child custody has high standards and is difficult but can be done. Following is part of the law. 

“MCL 722.27(1)(c) provides that if a child custody dispute has arisen from another action in the circuit court, the court may ‘[m]odify or amend its previous judgments or orders for proper cause shown or because of change of circumstances . . . .’ ” Vodvarka, 259 Mich App at 508 (alteration in original). “
Need more information ? Please contact Flint Attorney Terry Bankert 810-235-1970 http://www.attorneybankert.com
“The moving party must prove, by a preponderance of the evidence, the existence of proper cause or a change of circumstances before the trial court may conduct a hearing to review the custodial best-interest factors. Corporan, 282 Mich App at 603-604. “Although the threshold consideration of whether there was proper cause or a change of circumstances might be fact-intensive, the court need not necessarily conduct an evidentiary hearing on the topic.” Id. at 605, citing Vodvarka, 259 Mich App at 512.
To demonstrate a change of circumstances, “a movant must prove that, since the entry of the last custody order, the conditions surrounding custody of the child[ren], which have or could have a significant effect on the child[ren]’s well-being, have materially changed.” Vodvarka, 259 Mich App at 513. 

Further, “the evidence must demonstrate something more than the normal life changes (both good and bad) that occur during the life of a child, and there must be at least some evidence that the material changes have had or will almost certainly have an effect on the child.” Id. at 513-514. 

The escalation of disagreements between parties regarding matters that have a significant effect on the children’s welfare may constitute proper cause or change of circumstances. See Dailey v Kloenhamer, 291 Mich App 660, 666; 811 NW2d 501 (2011).”(e-journal #64992) @terrybankert

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