Shiawassee How a decison to change custody is made.(810) 235-1970

The burden of proof is established by the Shiawassee court’s initial finding on whether an established custodial environment exists.

If an established custodial environment exists, a change may be made only on clear and convincing evidence that the change is in the best interests of the child. MCL 722.27; Duperon v Duperon, 175 Mich App 77, 437 NW2d 318 (1989); Arndt v Kasem, 156 Mich App 706, 402 NW2d 77 (1986). see http://www.attorneybankert.com


A party challenging an established custodial environment has a heavy burden, “intended to minimize the prospect of unwarranted and disruptive change of custody orders and to erect a barrier against removal of a child … except in the most compelling cases.” Baker v Baker, 411 Mich 567, 576–577, 309 NW2d 532 (1981).

A finding of equality or near equality on the best interests factors will not necessarily prevent a party from satisfying this burden on a motion to change custody. Heid v AAASulewski, 209 Mich App 587, 532 NW2d 205 (1995). see http://www.dumpmyspouse.com



To meet the burden, it was not enough to show that the child preferred the father, that the father had a better standard of living, and that he was more conscientious than the mother, who tended to be tardy. Carson v Carson, 156 Mich App 291, 401 NW2d 632 (1986). More than a marginal improvement in the child’s life is required to justify a change under this standard. Harper v Harper, 199 Mich App 409, 502 NW2d 731 (1993).

If no established custodial environment exists, custody may be modified by showing by a preponderance of the evidence that a change would be in the best interests of the child, using the best interest factors identified in MCL 722.23. Pierron v Pierron, 486 Mich 81, 782 NW2d 480 (2010); Hall v Hall, 156 Mich App 286, 401 NW2d 353 (1986).

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PRE TRIAL CONFERENCE

Pretrial conferences.
by Terry Ray Bankert a Flint Divorce Lawyer Attorney

KNOW YOUR CUSTODY,SUPPORT AND DIVORCE RIGHTS. Michigan Divorce Lawyer , Custody and support.

The court at any time may require the parties’ attorneys to appear for a pretrial conference; more than one may be held. MCR 2.401 lists issues that may or should be considered at an early scheduling conference, in a scheduling order, or at a pretrial conference.

Scheduling orders should be done after consultation with counsel. If this is not possible, the parties may file a written request for amendment within 14 days after entry of the order.

Within 14 days after receiving the request, the court must schedule a new conference, enter a new order, or notify the parties in writing that it declines to amend the order.

Attorney Terry R. Bankert based in Flint Michigan. State Wide Divorce practice in mediation. For information about State Wide Family Law issues in your area go to http://www.dumpmyspouse.com/
At my web site there are many Family Law Articles to help you.

Shiawassee

Shiawassee
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Terry R. Bankert P.C.

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