For divorced parents in Michigan, child custody orders provide a crucial framework for raising your children. However, life is dynamic, and what worked perfectly at the time of your divorce may no longer serve your child's best interests as circumstances evolve. If you're wondering when and how a child custody order can be modified, you've come to the right place.
When is Modification Appropriate? The "Proper Cause" or "Change in Circumstances" Standard
Michigan courts recognize that rigidity in custody arrangements isn't always beneficial. To modify an existing child custody order, Michigan law requires you to demonstrate either "proper cause shown" or a "change of circumstances" since the last order was issued. This isn't about minor inconveniences or simply wanting a different arrangement; the change must be significant enough to impact the child's well-being or make the current order unworkable.
What constitutes "proper cause" or a "change in circumstances"? Here are some common examples:
Significant Change in a Parent's Living Situation: This could include a parent needing to relocate for work (especially if it's over 100 miles), a change in housing stability, or a new living arrangement that affects the child.
Changes in a Child's Needs: As children grow, their needs evolve. This might involve new educational requirements, health issues, or a child's reasonable preference (if they are of sufficient age and maturity for the court to consider their wishes).
Safety Concerns: Any situation that jeopardizes a child's physical or emotional safety is a serious matter. This could include issues like domestic violence, substance abuse, neglect, or a new relationship of a parent that raises concerns about the child's well-being.
Changes in Parental Employment: A substantial shift in a parent's work schedule or employment status that impacts their ability to adhere to the current parenting time schedule or provide for the child.
Failure to Adhere to the Current Order: If one parent consistently fails to follow the existing custody or parenting time order, it may be grounds for modification.
It's important to note that normal life changes, like a child moving from elementary to middle school or a parent experiencing temporary financial difficulties that can be addressed by child support, typically do not qualify as a "significant change." The court is looking for something truly impactful.
The "Best Interests of the Child" Standard
Even if you can demonstrate a proper cause or change in circumstances, the court will only modify a custody order if it determines that the change is in the best interests of the child. Michigan law outlines 12 specific factors the court must consider when making this determination:
The love, affection, and other emotional ties existing between the parties involved and the child.
The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any.
The capacity and disposition of the parties involved to provide the child with food, clothing, medical care, and other material needs.
The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
The permanence, as a family unit, of the existing or proposed custodial home or homes.
The moral fitness of the parties involved.
The mental and physical health of the parties involved.
The child's home, school, and community record.
The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.
The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.
Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
Any other factor the court considers relevant.
The Process of Modification
Modifying a child custody order typically begins with filing a "Motion to Change Custody" with the same court that issued the original order. If both parents agree to the changes, the process can be more streamlined. However, if there's a dispute, both parties will present their arguments and evidence to the court.
The court will also consider whether an "established custodial environment" exists with one or both parents. If there is an established custodial environment, the burden of proof to change custody is higher, requiring "clear and convincing evidence" that the modification is in the child's best interests. Without an established custodial environment, the standard is "preponderance of the evidence."
Working With a Michigan Child Custody Attorney
At Bashore Green Law Group, we understand that seeking a child custody modification can feel overwhelming. Our experienced family law attorneys are here to guide you through every step of the process. We will:
Assess your situation: Help you determine if your circumstances meet the legal criteria for a modification.
Gather evidence: Assist you in collecting the necessary documentation to support your case.
File the necessary paperwork: Ensure all legal requirements are met for your motion.
Represent your interests: Advocate for you and your child's best interests in court.
Facilitate communication: Explore options for amicable resolution with the other parent, if appropriate.
Your child's well-being is paramount. If you believe your child custody order needs to be modified to better serve your child's evolving needs, we are here to help.
Contact us at (248) 487-1887 for a confidential consultation. We are here to provide the professional and compassionate support you deserve.
