Most people will do anything for their children. Unfortunately, when a relationship is on the rocks child custody may become an issue. So, how do you get child custody in Michigan? We provide answers to this question and explore many of the nuances in Michigan child custody law.
How to get child custody in Michigan – the video.
When parents cannot agree on child custody, the court may order a child custody evaluation. This evaluation is often done by the Friend of the Court or may involve a private Phd. who will conduct test and apply the results to the statutory 12 Best Interest of the Child Factors.
Child Custody Evaluations in Michigan
In modifying a custody award, the party requesting the change must first demonstrate that there are either “proper cause” or a “material change of circumstances” since the entry of the last custody order to warrant modification. Both terms are defined in the seminal case of Vodvarka vs. Grasmeyer. If you fail to meet the threshold of “proper cause” or a “change of circumstance“, the request to change custody will be denied.
How to get custody in Michigan in three easy steps.
Step 1: If requesting a custody modification the party requesting a change must demonstrate proper cause or change of circumstances.
Step 2: Examine the Established Custodial Environment to determine the burden of proof required in your case. The Established Custodial Environment examines which parent the child looks to for the regular necessities of life. If there is an Established Custodial Environment, the burden of proof is clear and convincing. If there is not, the burden of proof is preponderance of the evidence.
Step 3. Examine the 12 Statutory Best Interest Factors with evidence to support your request. The amount of evidence required depends on the burden of proof.
For more detailed information on how to get custody in Michigan click on this link or call for a free confidential consultation.
About Findling Law
Findling Law, PLC – 414 W. 5th St. Royal Oak, Michigan 48067
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.
By: Daniel Findling