Yes, child custody orders can be modified in Michigan, provided that there has been a significant change in the family’s circumstances. Before a court will approve a proposed change, it will first need to ensure that such a change does not interfere with the child’s best interests.
It’s worth noting now that custody and parenting time are distinct from one another. Whereas custody refers to a parent’s responsibilities regarding their child, parenting time refers to a parent’s right to spend time with their child. A parenting time plan can be modified independently from a legal custody order, and under different circumstances.
When Can a Child Custody Order Be Modified in Michigan?
Michigan child custody laws allow an order to be modified when the petitioner can show that there is either “proper cause” or a “change in circumstances” that necessitates the change – essentially, that something significant has occurred such that the old order no longer serves the child’s best interests. For example, a judge might grant a change to a custody order if the petitioner can show:
- A parent can no longer care for the child properly under the existing order
- A parent is abusing drugs or alcohol
- A parent is behaving in a way that puts the child’s life and safety at risk
What Does the Court Consider Before Modifying a Child Custody Arrangement?
Courts in Michigan are required to consider the best interests of the child when it comes to matters of custody. There are 12 factors that collectively make up this legal standard, including:
- The child’s relationship with each parent
- The child’s connection with their community
- The ability of each parent to support the child’s relationship with the other parent
- The permanence of the existing or proposed custodial homes
In other words, a court will only agree to modify a child support order if it believes that doing so supports the child’s overall well-being.
What Evidence Can Help Support a Custody Modification Request?
You will likely need clear and convincing evidence to support a proposal to modify a child custody order in Michigan, which might include:
- Police reports of responses to the other parent’s home
- Witness statements about the child’s condition or the other parent’s behavior
- School records suggesting that the child is not performing well
- Medical records, such as psychiatric exams or discussions with counselors or therapists
How Can a Michigan Child Custody Lawyer Help?
While you technically do not need an attorney to pursue a Michigan child custody modification, there are considerable advantages to having experienced legal help. Few things are more important to a parent than the well-being of their children, and a lawyer understands how to navigate the family court system.
To start with, an attorney can review your proposal to determine whether it meets the standards of the Michigan family court system. They can also support your petition by meeting with witnesses and gathering other evidence that the change would be in your child’s best interests. Next, they can draft and file the petition for you and represent you at court hearings. With an experienced lawyer on your side, you get the peace of mind that comes from knowing a professional is handling things for you.
Contact a Michigan Child Custody Lawyer Today
Are you interested in changing child custody in Michigan? Are you curious about obtaining sole physical custody or sole legal custody of your children? Reach out to secure the legal help you need to assert your parental rights and provide for the best interests of your child. Contact Alward Fisher today for a confidential case review with a child custody modification lawyer in Michigan, and let’s discuss your concerns and goals together.
