Legal Question in Family Law in Michigan

A trial court may not modify an existing custody order unless it first finds that the moving party has demonstrated proper cause or a change in circumstances. The moving party bears the burden to prove, by a preponderance of the evidence, that either proper cause or a change in circumstances exists before the trial court will reconsider the existing custody order.

A�change in circumstances� occurs when �the conditions surrounding custody of the child, which have or could have a significant effect on the child�s well-being, have materially changed� since the entry of the last custody order.

Not just any change will suffice, for over time there will always be some changes in a child�s environment, behavior, and well-being. Instead, the evidence must demonstrate that something more than normal life changes (both good and bad) that occur during the life of a child, and there must be at least some evidence that the material changes have had or will almost certainly have an effect on the child.

In your hypothetical exposing the child to criminal activity could definitely have a negative material effect on the child. There is a best interest of the child analysis should you meet the threshold showing change in circumstances. Those factors are too numerous and complicated to discuss via this forum. If you need more information feel free to contact me. I would need more information to evaluate any specific situation.

Disclaimer - The information you obtain from this post is not intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established