Child custody orders are not set in stone. Life changes, and sometimes, the existing custody arrangement no longer works. Michigan courts allow modifications, but you must follow legal steps to request a change.
What qualifies for a custody modification?
To change a custody order, you must prove a significant change in circumstances. This could include a parent moving, a job change affecting availability, concerns about the child’s well-being, or a shift in the child’s needs. The court will not approve a modification unless there is clear evidence that the change benefits the child.
What is the legal process for modification?
You must file a motion with the court that issued the original order. This motion should explain the requested changes and the reasons behind them. If the other parent agrees, the process may be straightforward. If not, a judge will review the evidence and consider factors like stability, parental involvement, and the child’s best interests before making a decision.
How does the state determine the child’s best interests?
Michigan courts use a set of factors to decide what is best for the child. These include the emotional ties between the child and parents, the ability of each parent to provide a stable environment, the moral fitness of the parents, and the child’s school and community involvement. If the child is old enough, their preference may also be considered.
What if an emergency requires immediate changes?
In cases involving safety concerns, you can request an emergency custody modification. This applies if there is evidence of abuse, neglect, or a dangerous living situation. The court may grant a temporary change until a full hearing takes place.
Changing a custody order requires preparation and evidence. Courts prioritize stability, so demonstrating a clear benefit to the child is essential for a successful modification.
