Child Custody Lawyers in the Greater Macomb County Area
What Can I Change After My Divorce Settlement? Call Now for Help!
The issues of parenting time and child custody are always modifiable under the right circumstances. When Michigan courts are presented with a request to modify parenting time or to change custody, they must first hold a hearing to determine whether the threshold of “proper cause” or a “change of circumstances” has been met. The moving party must meet this burden in order to proceed and have the court make a determination based upon the best interests of the child. In reaching a decision on the matter, the courts will reflect upon the statutory “best interest factors,” considering each one with regard to the parties and their respective abilities to parent effectively.
It is not uncommon for parents to believe that they can handle these matters on their own; however, this can often prove to be a costly mistake, as many non-attorneys are not familiar with the local practice rules, the Michigan Court Rules, the Michigan Rules of Evidence or how the burdens of proof can vary in certain custody and parenting-time arrangements. As a result, parents must be cautious when litigating these issues, because the court will not hesitate to impose sanctions (fines, attorney fees, dismissal, etc.) against the party who brings a motion for a change of parenting time or custody without the proper legal basis to do so.
There are many ways to resolve these issues when they arise, and litigation is not always the answer. That is why your first step in considering whether to request a change in parenting time or custody should always be to consult with a reputable and experienced family law attorney. At the law offices of Mihelich & Kavanaugh, PLC, our attorneys will discuss these issues with you during a free in-office consultation. During that consultation, the attorney will also inform you of the procedures involved and how to best proceed in your particular case. Call our office today to schedule your appointment, and receive the honest and thoughtful advice that you deserve.