Legal Question in Family Law in Michigan
change in custody
Hi, My husband and I have had custody of our 3 kids for 7 years now. We are financially stable, and have had them in the same school. My husbands ex is trying to get custody of the kids. Is it possible that she will win JUST because the kids want to live with her? The kids ages are: 10,12,&13. Please let me know.
3 Answers from Attorneys
Re: change in custody
Hello, I have received a copy of your posting regarding changes in custody. The reasoned desires of a child are one factor of many that must be considered in a change of custody. There must be substantial reasons to change an established custodial arrangement. You should discuss the child custody factors with an attorney experienced in these matters. Feel free to give me a call if you desire. Domestic litigation is on of the areas of concentration for our firm. John C. Talpos (248) 743-6800 (http://www.Mich-Lawyer.com)
Re: change in custody
The answer I would give you is probably not at this time. If the facts are as you indicate, the ex wife has a difficult burden of proof to overcome because you two have had the children for seven years and have established a 'custodial environment'. If she wishes to pursue the matter in court she will need to prove by 'clear and convincing' evidence that it is in 'the best interest' of the children to reside with her.
One point to keep in mind, as the children grow up there preferences will be given more and more weight in court; however, at this time I think they are a little young to be making that decision. If you have any further questions do not hesitate to contact me directly at (734) 944-2269.
Kindest Regards,
Geoff Lahn
Re: change in custody
Greetings; For a change in custody, the movant must show many things. If the only factor in their favor is the child's desire, it will most likely be denied. Thanks, atty. trichler; www.trichler.com