GOOD MORNING FLINT! date 01/27/13
HYPOTHETICAL NOT CONCERNING A CURRENT OR PREVIOUS CLIENT.
Ex Spouse has a history of mental illness, four suicide attempts and is diagnosed as bipolar.
By Terry R. Bankert [trb] terry@attorneybankert.com
www.attorneybankert.com , https://www.facebook.com/attorneybankert, Flint Divorce & Bankruptcy 810-235-1970
Spouse has an arrest for domestic violence with witnesses. She moved multiple times, for a total of 92 miles away. She quit her job in order to move. She was granted custody and refused husbands parenting time. Can husband get custody of his children?
The beginning point or foundation for this analysis concerns the underlying most recent order and the question What is new. I will presume the mental illness, suicide attempts and bipolar diagnosis existed before the last order. New is the domestic violence, multiple moves, 92 mile move and refusing parenting time. A petition for a change of custody on these facts would not be frivolous. Pull together as much of a record of events as your can and hire an attorney.
The Child Custody Act authorizes a trial court to modify child custody orders “for proper cause shown or because of change of circumstances,” and if in the child’s best interests. MCL 722.27(1)(c).
“A trial court may not modify or amend its previous custody judgment or orders so as to
change the established custodial environment “unless there is presented clear and convincing
evidence that it is in the best interest of the child.” MCL 722.27(1)(c). To determine the child’s
best interests, the lower court must consider the eleven factors set forth in MCL 722.23.
Bowers v Bowers , 190 Mich App 51, 54-55; 475 NW2d 394 (1991). It must expressly evaluate each
factor and state its reasons for granting or denying the custody request on the record.
Dailey v Kloenhamer , 291 Mich App 660, 667; 811 NW2d 501 (2011).” see Evan v Dickinson , Montcalm Circuit COurt 95-000895-DP, Michigan Court of Appeals 12/12/12 unpublished.
HYPOTHETICAL NOT CONCERNING A CURRENT OR PREVIOUS CLIENT.
Ex Spouse has a history of mental illness, four suicide attempts and is diagnosed as bipolar.
By Terry R. Bankert [trb] terry@attorneybankert.com
www.attorneybankert.com , https://www.facebook.com/attorneybankert, Flint Divorce & Bankruptcy 810-235-1970
Spouse has an arrest for domestic violence with witnesses. She moved multiple times, for a total of 92 miles away. She quit her job in order to move. She was granted custody and refused husbands parenting time. Can husband get custody of his children?
The beginning point or foundation for this analysis concerns the underlying most recent order and the question What is new. I will presume the mental illness, suicide attempts and bipolar diagnosis existed before the last order. New is the domestic violence, multiple moves, 92 mile move and refusing parenting time. A petition for a change of custody on these facts would not be frivolous. Pull together as much of a record of events as your can and hire an attorney.
The Child Custody Act authorizes a trial court to modify child custody orders “for proper cause shown or because of change of circumstances,” and if in the child’s best interests. MCL 722.27(1)(c).
“A trial court may not modify or amend its previous custody judgment or orders so as to
change the established custodial environment “unless there is presented clear and convincing
evidence that it is in the best interest of the child.” MCL 722.27(1)(c). To determine the child’s
best interests, the lower court must consider the eleven factors set forth in MCL 722.23.
Bowers v Bowers , 190 Mich App 51, 54-55; 475 NW2d 394 (1991). It must expressly evaluate each
factor and state its reasons for granting or denying the custody request on the record.
Dailey v Kloenhamer , 291 Mich App 660, 667; 811 NW2d 501 (2011).” see Evan v Dickinson , Montcalm Circuit COurt 95-000895-DP, Michigan Court of Appeals 12/12/12 unpublished.
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