Changing Custody of Children


How the court changes Custody of Children.

“…a court, when faced with a request to change custody, must first determine whether the proponent of the change has “established a change of circumstances or proper cause for a custodial change under MCL 722.27(1)(c).”. Kubicki, 306 Mich App at 540, citing Vodvarka v Grasmeyer, 259 Mich App 499, 508–509; 675 NW2d 847 (2003). In relevant part,”

For more information contact Flint Attorney Trrry Bankert , 235-1970, http://www.attorneybankert.com

“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 [in MCL 722.23(a)-(l)], 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.”

“[T]o establish a “change of circumstances,” a movant must prove that, since the entry of the last custody order, the conditions surrounding custody of the child, which have or could have a significant effect on the child’s well-being, have materially changed. Again, not just any change will suffice, for over time there will always be some changes in a child’s environment, behavior, and well-being. Instead, 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. [Vodvarka, 259 Mich App at 512, 513-514 (emphasis in original).] ” ( see e-journal, no 33451, 4/27/17)@terrybankert, a Flint Lawyer Divorce Custody parenting time and support

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