A child custody determination is defined by statute. Specifically the Uniform Child-Custody Jurisdiction and Enforcement Act found in MCL 722.1102(c). In many instances a parenting time case or other case is actually a custody case and custody law (vs. for example parenting time law) would apply.
(c) “Child-custody determination” means a judgment, decree, or other court order providing for legal custody, physical custody, or parenting time with respect to a child. Child-custody determination includes a permanent, temporary, initial, and modification order.
MCL 722.1102(c)
It is important to understand if a request to modify a court order is a custody determination or someting else because if the request is a child custody determination, custody law applies, which is often different.
For example, in Shade v. Wright, 291 Mich.App. 17 (2010), the Michigan Court of Appeals determined that custody law would apply in a certain requests to change in parenting time, if the parenting time change would change the established custodial environment.
Similarly, in In Thurston v. Escamilla, our Supreme Court determined that a post divorce order granting a parent’s motion for a change of domicile (to move) was an order affecting the custody of the minor and therefore, custody law applied.
When a case involves a custody determination, a higher burden of proof is typically required to obtain court approval. For example, a change in parenting time generally requires a low burden of proof such as: “preponderance of the evidence”, which means more likely than not. Whereas a change in custody requires a high burden of prood such as: “clear and convincing evidence” which means “very highly probable” and is the highest burden of proof in a civil case.
The biblical saying: “things are not always as they may appear” is the key learning of this blog. Sometimes, requests for parenting time or domicile (to move) is really a requests to change custody and custody law (vs. for example, parenting time law) applies.
Understanding the applicable law is often paramount to winning.
Let it be our privilege to help you manage your situation.
Daniel
Our Core Values – Findling Law
Ph. 248-399-3300 : Email:Daniel@Findlinglaw.com : After hours emergency?+1 (248) 633-8583
I have been exclusively practicing divorce and family law in Michigan for over two decades. The attorneys at Findling Law all share the core value of practicing law to help people navigate change in their lives, without compromising principles. We specialize in high socio-economic, high-profile and high-conflict cases, while also working with clients of all backgrounds. We recognize that the most important aspect of the practice of law is the application of the law to your specific circumstances. That is why we provide more free information on divorce and family law than any other Michigan law firm. We want to help you manage your situation. Allow our exceptional legal team to help you navigate the change in your life, without compromising principles.