Legal Question in Family Law in Michigan

change in custody

How would I fair in front of a judge for a change in custody? My ex has sole physical and legal custody and I have only visitation.. 4 years have past since divorce. My ex is now seeing another women who spends the night or nights at his house. he has traveled this past years on several accounts for business leaving my son with others and not with me. Would I be able to have a change in custody. Also, my ex has taken the liberty of all the school vacation time for himself lining up vacations for each one. please give an honest answer. thank you


Asked on 5/02/05, 1:48 am

2 Answers from Attorneys

William Stern William Stern, P.C.

Re: change in custody

The fact that the woman he is living with and him are not married is only part of the picture. If it is a loving, steady, solid relationship, the judge may not hold it against him. You also did not say why he had sole legal and physical, meaning that there was probably something about you that was negative. Did that negative factor change? The fact that others watch the child is not necessarily a negative if they are good caretakers, such as grandparents or very close, family friends. the vacation issue is totally unrelated and you have to look to the judgment itself to determine if the schedule is permissible. So without more info as to why he is a bad parent and you are far superior, don't get your hopes up. Remember, you ahve the burden of proof in changing custody and it is a very high burden of proof. Bill Stern

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Answered on 5/02/05, 7:37 am
Blake Lipman Law Office of Blake P. Lipman

Re: change in custody

You may have grounds for a change in custody if the court deems the environment in your exs house to not be in the child's best interest. If the trips out of town on business are regular, prolonged, and the child is left with people who are ill equiped to care for the child, you could argue that a change in custody is merited. You should know that a change in custody is not readily made. It also would depend on your situation. Would the child be better off in your custody? Why don't you have custody of the child from the divorce? I need more information. for more info, please contact my office at (248)851-3171.

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Answered on 5/03/05, 3:05 pm


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