POWER OF THE COURT TO DECIDE CHILD CUSTODY. 


What authority does the court have to decide child custody. “MCL 722.27 Child custody disputes; powers of court; support order; enforcement of judgment or order; child custody while parent on deployment.Sec. 7.”

BEST INTEREST OF THE CHILD IS THE STANDARD

“(1) If a child custody dispute has been submitted to the circuit court as an original action under this act or has arisen incidentally from another action in the circuit court or an order or judgment of the circuit court, for the best interests of the child the court may do 1 or more of the following:”

If you have additional questions please contact Flint Divorce Attorney Terry Bankert 235-1970 

http://www.attorneybankert.com
CHILD CUSTODY AND CHILD SUPPORT 

“(a) Award the custody of the child to 1 or more of the parties involved or to others and provide for payment of support for the child, until the child reaches 18 years of age. Subject to section 5b of the support and parenting time enforcement act, 1982 PA 295, MCL 552.605b, the court may also order support as provided in this section for a child after he or she reaches 18 years of age. The court may require that support payments shall be made through the friend of the court, court clerk, or state disbursement unit.”

PARENTING TIME 

“(b) Provide for reasonable parenting time of the child by the parties involved, by the maternal or paternal grandparents, or by others, by general or specific terms and conditions. Parenting time of the child by the parents is governed by section 7a.”

AMEND PRIOR ORDERS DEMAND CHANGE IN CIRCUMSTANCES

“(c) Subject to subsection (3), modify or amend its previous judgments or orders for proper cause shown or because of change of circumstances until the child reaches 18 years of age and, subject to section 5b of the support and parenting time enforcement act, 1982 PA 295, MCL 552.605b, until the child reaches 19 years and 6 months of age. ”

BURDEN OF PROOF

“The 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. ”
“The custodial environment of a child is established if over an appreciable time the child naturally looks to the custodian in that environment for guidance, discipline, the necessities of life, and parental comfort. ”
The age of the child, the physical environment, and the inclination of the custodian and the child as to permanency of the relationship shall also be considered. ”
“If a motion for change of custody is filed while a parent is active duty, the court shall not consider a parent’s absence due to that active duty status in a best interest of the child determination.”(source Michigan Family Law Benchbook Chapter 3 Custody)

@terrybankert

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