Robert B. Relph Child Custody Law Blog on Lawyers.com

A child custody order is never final, though it may be difficult to change.  The Michigan Child Custody Act authorizes a trial court to modify child custody orders “for proper cause shown or because of a change of circumstances,” and if in the child’s best interest.  The trial court may not authorize a change of custody without first holding a hearing.    To determine  whether an evidentiary hearing is necessary on a motion to change custody the Court must determine whether there are contested factual issues that must be resolved in order for the Court to make an informed decision on the motion.  The first issue to be determined is whether the party making the request for the change has shown “proper cause” or “change of circumstances.” 

Not just any change of circumstances will allow the Court to go forward with the hearing because, over time, there will always be some changes in a child’s environment, behavior and well-being.  “Instead, the evidence must demonstrate something more than the normal life changes (both good and bad) that occur during the life of a child, and there must be at least some evidence that the material changes have had or will almost certainly have an effect on the child.”  (Vodvarka v. Grasmeyer, a 2003 Michigan Court of Appeals case.)  Quoting from Killingbeck v. Killingbeck, a 2005 Court of Appeals case:

Before an evidentiary hearing is held, a movant must first establish a change in circumstances.  In order to establish a change in circumstances the movant must prove that since the entry of the last custody order, the conditions surrounding custody of the child, which have or could have a significant effect on the child’s well-being, have materially changed.

All of the above indicates the necessity for consulting with a properly qualified custody lawyer in Grand Rapids.  Any specialist who has a significant number of years of experience should be able to help the client analyze whether the client’s claims regarding custody are significant enough to justify the expenditure of substantial funds to properly present the matter to the trial judge.  Without a proper and critical analysis by a qualified custody specialist, a party is running the risk of having his or her custody request rejected by the trial court, and without even holding a hearing.  The best advice: consult a well-qualified custody specialist.

Article By Child Custody Lawyers in Grand Rapids:

Law Offices of Robert Relph
3265 Walker Avenue, NW
Suite C
Grand Rapids, Michigan 49544
877-622-6959