It is getting to the point where something needs to be done ASAP. My daughter don't want to be in the same house with him, my ex is showing complete lack of responsibility and my daughter has mentioned they are smoking marijuana around her. I want full custody so I know my daughter will be in a safe environment. I have my mother go to my ex's house to pick her up and he is even disrespectful towards her! I get her every other weekend and holiday by court order. She is 9 years old.
Criminal Defense Attorney
You need to contact an attorney. A motion to the court needs to be filed, if there has already been hearings regarding you child. An attorney will best be able to determine what type of motion needs to be filed in order to achieve the desired goal. Moreover, the attorney can make the process go as quickly as possible. Without knowing your situation, entirely, that is the best advice that can be provided.
Divorce / Separation Lawyer
Dear Avvo Subscriber,
The standard in changing a custody order between parents in Michigan is whether there is sufficient proper cause or change of circumstances warranting revisiting the custody order. If there is, the court must determine if the proposed order will change the established custodial environment ("ECE").
In defining the ECE, the Michigan Child Custody Act states that "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." An ECE can be with both parents or one parent.
If the proposed order would change the ECE, the proponent of the change must demonstrate by clear and convincing evidence that it would be in the best interests of the child to change the custody order.
If the proposed order would not change the ECE, the proponent of the change need only demonstrate that the change would be in the child's best interest by a preponderance of the evidence, which is a lower burden than clear and convincing evidence.
Case law is always evolving regarding child custody issues. Also, arguing that the ECE would or would not be changed, and attempting to change a custody or parenting time order can be a difficult and daunting task to accomplish, and you should consider consulting with a family law attorney to discuss your particular facts and options.
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