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Michelle Marie Mclean

Michelle Mclean’s Answers

1 total

  • What needs to occur for the judge to determine that I have an established custodial environment?

    I have physical custody of my daughter and share legal custody with my husband. I moved from the marital home two months after filing for divorce.

    Michelle’s Answer

    The Child Custody Act defines the custodial environment as: "The custodial environment of a child is established if over an appreciable time the child naturally looks to the custodian in that environment for guidance, discipline, the necessities of life, and parental comfort. The age of the child, the physical environment, and the inclination of the custodian and the child as to permanency of the relationship shall also be considered. MCL 722.27(1)(c). Basically, the "custodial environment" has little to do with the actual place that you are living in. Instead, it focuses on the consistency and stability of your relationship with the child. Keep a detailed log of who takes care of the child when he or she is sick, who makes sure the child's needs are attended to, who spends quality time with the child, etc. Depending on the facts of the case, a custodial environment can exist with both parents or even a third party.

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