How to Modify Child Custody Orders in Michigan

There’s no denying that divorce can be a difficult process, one that is made even more heart-wrenching when there are children involved and a couple or a court must determine child custody. As a parent on the losing end of a child custody battle, you naturally want to do what you can to reestablish your role in your children’s lives, and potentially modify the custody arrangement down the line.

While every parent should have the right to get to know children and participate in their lives (and vice versa), you’ll find that once a child custody order has been established in Michigan, it’s not that easy to modify. According to the Child Custody Act of 1970, however, there are certain circumstances in which an existing child custody order may be modified. Here’s what you need to know.

What are the Circumstances for Modification?
The Child Custody Act states: “…for the best interests of the child the court may…modify or amend its previous judgments or orders for proper cause shown or because of change of circumstances until the child reaches 18 years of age.” This means you need to show either “proper cause” or “change of circumstances”, but not both, in order to request and be granted a child custody order modification.

What is Proper Cause?
The important thing to know about proper cause for modification of a child custody order is that it must relate to the best interests of the child, or more specifically, at least one of twelve best interest factors deemed to be relevant to such proceedings. These include, in brief:

• The love, affection, and other emotional ties existing between the competing parties and the child
•  The capacity and disposition of competing parties to give the child love, affection and guidance
• The capacity and disposition of competing parties 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 of the existing or proposed custodial home
• The moral fitness of the competing parties
• The mental and physical health of the competing parties
• The home, school and community record of the child
• The reasonable preference of the child
• 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
• Any other factor considered by the court to be relevant

In addition, the party seeking the change must provide adequate proof that proper cause exists or the court will likely dismiss the case.

What Counts as a Change of Circumstance?
A change of circumstance would have to include material changes, since the establishment of the current custody order, that have had or will almost certainly have a significant effect on the child’s well-being.

If you are committed to modifying a child custody order in Michigan, the road ahead will not be easy. You can trust the qualified attorneys at The Gucciardo Law Firm to help you navigate the tricky waters of child custody order modification. Call 248-723-5190 to get started today.