The Importance of the Established Custodial Environment in Michigan

Divorce is a difficult and emotionally draining undertaking in and of itself, but when children are involved, it becomes even more complex. When parents have to decide where kids will end up, or worse, courts have to make a determination, the stakes are very high.

If you’re a parent interested in retaining partial or full custody of children following a divorce, it is imperative that you understand Michigan state laws pertaining to the subject. The laws regarding the established custodial environment are particularly important. What is established custodial environment and how could it affect your Michigan child custody case?

What is Established Custodial Environment?
Under Michigan state law, “The custodial environment of a child is established if over an appreciable time the child naturally looks to the custodian in that environment for guidance, discipline, the necessities of life, and parental comfort. The age of the child, the physical environment, and the inclination of the custodian and the child as to permanency of the relationship shall also be considered.”

The established custodial environment may favor one parent over another, or it could include both parents if they are judged to be equally influential in the lives of the children. In some cases, neither parent is considered to embody the established custodial environment.

If one parent is deemed to have established custodial environment, family courts are unlikely to award custody to the other parent as it could disrupt the lives of the children for the worse. The same is true in cases where both parents are determined to hold established custodial environment. So long as the children are in a positive situation, courts are unlikely to disrupt the status quo.

However, in cases where neither parent has established custodial environment, changing the custody arrangement becomes easier. There is a burden of proof required before the court will award established custodial environment in the children’s best interests.

How is Established Custodial Environment Determined?
It is a common misconception that an existing custodial order is equivalent to established custodial environment. Just because a court has ordered a custodial arrangement doesn’t necessarily mean that established custodial environment has been determined.

Even if an established custodial environment has been determined, it could be subject to change in certain circumstances, as outline by the letter of the law. If, for example, the relationship between the child and the custodial parent is deemed to be unstable, both the established custodial environment and the custody order could be subject to change as a result.

It depends largely on the circumstances of the particular case, the evidence presented, and the standpoint of the child or children involved. This doesn’t necessarily mean a small child has the right to decide which parent to live with, but the court is obligated to make a decision that is in the best interest of the child, regardless of the standpoint of the parents or other custodians involved.

Determining established custodial environment in Michigan can be a complex and harrowing process. You don’t have to go it alone. Contact the caring professionals at The Gucciardo Law Firm today at 248-723-5190 to schedule a consultation and get the expert help you need.