You cannot just walk into court and request a change in custody in Michigan. The process can be complicated, and it involves several steps. So, who can ask for a legal custody change and receive it? You can receive it if you believe that you should have some of the parenting rights. You can also obtain it if the child does not receive the right treatment in their place of residence.
But what can lead to the desire to have a child custody change? The top reason is when a parent does not have enough time to spend with their child. When you get a divorce and your partner has the right to raise your children, you may only get to spend time with them during the visitation period.
According to HG.org, if you find this timing insufficient, you may request the court to change the custody right of the children. So how does the process work? If you want to change someone’s custody, you need to have an order from court signed by all parties and the judge. An order that does not meet these requirements may not be binding.
There is a three-step process that you may need to go through to establish a custody change. First, you may require to establish the proper cause or circumstance leading to the change. If there is no change in reason and adequate cause, the court may not further evaluate the petition. The petition will come to a close.
After you provide a just cause to the custody, the court needs to determine if you can give the child an established custodial environment. Such an environment is one where you can discipline, provide guidance, comfort and other necessities of life.
According to the Michigan Legislature, you need to convince the court that the change in custody is for the benefit of the child. Finally, the court makes the final decision after reviewing all of the above. The court needs to ensure that the decision it makes is in the best interest of the children.
