IN NEWAGO WHAT DOES THE COURT BASE A CHANGE IN LEGAL CUSTODY ON? (810) 235-1970

NEWAYGO Legal Custody - Modifications Are Subject to the Same Evidentiary Standards as Physical Custody
MCL §722.27 (1) (c) does not make a distinction between physical custody and legal custody when considering a modification of a custody order.
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The standard for modification is “proper cause” or “change of circumstances”
If there is an “established custodial environment” the court must find clear and convincing evidence exists to modify the custody order.
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Remember, the court rule applies as well: MCR 3.210(C)(8) provides that there is no automatic right to a best interest hearing. The court must first determine, by offer of proof or “otherwise” whether there are contested facts that must be resolved. The court rule, like the statute, makes no distinction between legal custody and physical custody in this regard. (Remember Vodvarka v Grasmeyer, 259 Mich App 499 (2003)—the existence of proper cause or change of circumstance is a threshold matter in any consideration of a change of a prior custody order, and if the party seeking a modification of custody cannot meet the threshold, the court is precluded from conducting a best interest hearing.) See, also: Arndt v Kasem, 156 Mich App 706 (1986).

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