OVERCOMING THE BARRIER. HOW TO MODIFY A CUSTODY ORDER.
The initial steps to modifying judgments or custody orders, is finding a change of circumstances or proper cause and proving that changes to an established custodial environment, absent clear and convincing evidence, and that the change is in the child’s best interests—are intended to “erect a barrier against removal of a child from an established custodial environment and to minimize unwarranted and disruptive changes of custody orders.” Heid v AAASulewski (After Remand), 209 Mich App 587, 593–594, 532 NW2d 205 (1995); see also Foskett v Foskett, 247 Mich App 1, 6, 634 NW2d 363 (2001) (recognizing legislature’s intent in enacting Child Custody Act of 1970 was to prevent removal of children from established custodial environments except in most compelling cases).[MFL 12.]
Presented here by Terry Bankert Flint / Genesee County MI Family Law Lawyer (810) 235-1970, www.attorneybankert.com.