When and How to Seek Custody Modifications

Published on
September 12, 2023

Asa parent, one of the most important decisions you will make is who will have custody of your children. It is not always easy to make this decision, but in Michigan, there are certain circumstances that can allow for a change in custody.

The Michigan Child Custody Act states that “the court shall not modify a prior custody order unless it finds, upon the basis of facts, that since the prior order or judgment there has been a change in the circumstances of the child or his or her residence, or the child’s present environment endangers his or her physical, mental, or emotional health.” In other words, a parent must show that there has been a significant change in their child’s circumstances that warrants a change in custody.

Some common examples of changes in circumstances that may allow for a change in custody include a parent’s relocation, the death of a parent, the incarceration of a parent, or a parent’s inability to care for their child due to a medical or mental health condition. Additionally, the court may consider other factors, such as a parent’s ability to provide a safe and secure home for their child and the child’s relationship with each parent.

Itis important to note that the court will always put the best interests of the child first when making a decision about custody. This means that the court will consider the child’s age, the physical and emotional needs of the child, the child’s wishes, and any other factors that may be relevant to the child’s health and wellbeing. In order to have a change in custody in Michigan, parents must be able to demonstrate that there has been a significant change in their child’s circumstances that warrants a change in custody.

Parents may also opt to co-parent their children, meaning they both share parenting responsibilities. However, this is only possible if both parents are able to make decisions in the best interests of the child and work together to ensure the child’s needs are met. For more information on co-parenting, please refer to this article: https://www.atlawgroup.com/news/what-does-it-mean-to-co-parent-your-children-a 

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