Custody

To change a custody order that is already in place, you need to file for a modification of the custody order in court. For the judge to change the order, you have to show there’s “good cause” to do so or there has been a change of circumstances.

The judge will not change the child’s “established custodial environment” unless you present clear and convincing evidence that it is in the best interest of the child. This term looks at the established parent-child relationship rather than the physical environment of the child. Michigan law explains that the custodial environment is established when, as time goes by, the child starts to look to his/her custodian in that environment for:

• guidance;
• discipline;
• the fulfillment of his/her needs; and
• comfort.¹

Aside from the established custodial environment, the judge will also consider:

• the factors included in How will a judge make a decision about custody? (“Best interest of the child” standard);
• the age of the child;
• the physical environment; and
• the preference of the custodial parent and the child to continue their current relationship.¹

Since this can be complicated, we recommend that you talk to a lawyer about your situation.

¹ MCL § 722.27(c)