Ask The Lawyer This week’s question: How do I change custody of my children?
This week’s question: How do I change custody of my children?
QUESTION: My ex-wife and I have joint custody of our four children. I have recently learned of some concerning things about my kids safety when they are with my ex-wife and I want to file for sole custody. How do I change custody?
ANSWER: A child support can be changed, however there is a presumption in favor of the established custodial relationship. In order to change custody, there must be proper cause or a change in circumstances to justify the change. You may want to consider if what you have learned rises to the level of proper cause or change in circumstances. Remember that a court will look to see if the custodial parent is exercising a reasonable degree of custodial care and supervision and not necessarily that you would use. The Friend of the Court will often conduct an investigation to determine if there is proper cause/change in circumstances. When deciding custody, a Court must consider the best interest factors as listed in the Child Custody Act, MCL 722.73. The court will not change the custodial environment of a child unless there is clear and convincing evidence that it is in the best interest of the child to do so. An attorney can help you determine if the facts in your case rise to the necessary requirements for a change in custody and can help you throughout the process if you decide to go forward.
The lawyers at GWINN TAURIAINEN PLLC are experienced attorneys and are happy to answer your questions. Give us a call for a free initial telephone consultation about your legal needs. For consideration of your questions in our web column, please submit your inquiry on the “Contact Us” page of our website at www.gwinntauriainenlaw.com.
ASK THE LAWYER
By: Daniel A. Gwinn, Esq.
Attorney and Counselor at Law
GWINN TAURIAINEN PLLC
901 Wilshire Drive, Suite 550
Troy, MI 48084
(248) 247-3300
(248) 247-3310 facsimile
[email protected]
www.gwinntauriainenlaw.com
