When two people decide to end their marriage, they have to address a variety of topics and make many important decisions. If the couple shares minor children, one of the most important topics to address is child custody. Custody arrangements can be determined by a judge in a divorce case, but it is important to note that they can also be changed after the fact. Depending on the details of the situation and any changes in circumstances, a judge may grant a modification. To learn more and obtain skilled legal representation, reach out to an experienced Oakland County child custody lawyer today.
Can Custody Arrangements Be Changed After a Divorce in MI?
Yes, it is possible for custody arrangements to be changed after they were finalized in a divorce. Michigan judges only have the authority to alter a custody order if there has been proper cause of a change in circumstances. If there is a serious reason that the custody arrangement no longer works, you can file a petition for a modification with the court.
When Can a Custody Order Be Changed?
As established, a custody order can be modified due to proper cause or a substantial change in circumstances.
Proper cause is a reason related to one of the 12 “Best Interests of the Child” factors. These are the 12 relevant factors that a judge considers when determining child custody for minor children to ensure that the child’s health, well-being, and best interests are prioritized. These factors include:
- The emotional relationship between the child and each parent
- Each parent’s ability to give the child love, affection, and guidance
- Each parent’s ability to meet the child’s basic needs like food, clothing, medical care, etc.
- The stability of each parent’s home environment and what the child is accustomed to
- Whether the child has siblings or other family members and where they reside
- The moral character of each parent
- The mental and physical health of each parent
- How each parent shows up for the child at home, school, and in the community
- The child’s preference, if they are old enough to express one
- Each parent’s willingness and ability to co-parent and facilitate a relationship between the child and the other parent
- Whether either parent has a history of domestic violence or verbal/emotional abuse
- Any other factors the judge considers relevant like the child’s special needs, the distance between the parents’ homes, whether either parent has a new spouse, etc.
A change in circumstances can relate to proper cause but is a significant change in either the parents or the child’s circumstances that impacts the custody order. For example, if one parent has developed a substance abuse problem, a parent is moving far away, a parent has a new and different work schedule, the child has developed substantial changes in physical or emotional needs, etc. it may be necessary to alter the custody arrangement.
A Michigan judge will not modify a custody order for just any reason, but if there is a valid change that requires review, it is possible.