In Michigan, family courts decide custody orders based on what’s in the best interest of the child. These orders are not meant to be permanent, though, and circumstances can necessitate changes. If you are currently trying to modify a custody order in Michigan, it’s important to know about the process and what to expect. A divorce and family law attorney can answer any questions you have about custody order modifications.
Proper Cause and Change in Circumstances
Either party in a custody arrangement can request a modification if circumstances warrant it. In order to request a modification, the party requesting one must prove either a proper cause or a change in circumstances.
In the context of child custody cases, proper cause means that there is some specific factor that could result in a significant change in the child’s life. Examples might include domestic violence or substance abuse. Courts determine whether this proper cause impacts the child’s well-being by weighing it against the “best-interest” criteria outlined in MCL 722.23.
Alternatively, the parent can request a modification for a change in circumstances. With this option, the parent must demonstrate that there has been a substantial material change in the child’s environment since the custody order was initially made. These changes must be significant and not normal changes associated with the child growing older.
Established Custodial Environment and Custody Modification
When you request a custody modification, a judge will decide what standard to apply to the evidence. This standard can differ depending on whether there is an established custodial environment (ECE). An ECE means that the child has naturally grown to look at one parent as a source of care, comfort, support, and guidance.
In cases where there is an ECE, the judge must determine whether there is clear and convincing evidence that modifying the order would be beneficial to the child’s interests. In cases where there is not an ECE, the judge can instead use the judicial standard of a “preponderance of the evidence.” Under this standard, the petitioner must prove that it is more likely than not that the change is in the child’s best interest.
Process for Modifying a Custody Order
To initiate the process of modifying an order, you must first file a petition for modification with the court. The petition should explain the reason you are requesting the modification and provide evidence. There is no waiting period that must pass before you can request a modification to an existing court order.
After filing the petition, you must serve it to your ex. You are legally required to deliver a notice to your ex so they can respond to it properly. Once your ex receives the notice, they can decide whether or not to participate in the hearing.
During the hearing, each side will present evidence for its position regarding custody arrangements. The judge will listen to the evidence and testimony and then render a decision after considering all relevant factors. If a judge grants the custody change, the newly modified court order will go into effect immediately.
Contact a Child Custody Attorney in Michigan Today
Whether you are seeking to establish a new custody arrangement or modify an existing one, having an experienced attorney can be beneficial. The Smith Law Offices, P.C., can represent you in child custody proceedings to secure a satisfactory outcome for all parties. We have extensive experience navigating child custody issues and can provide an impartial view. We’ll respect your and your family’s privacy.
Contact our offices today for a case consultation with a child custody attorney in Michigan.
