Legal Question in Family Law in Michigan

Re: child custody

There is no age at which children "get to decide" where they live,-- technically. Michigan courts are supposed to inquire into the "best interests of the child." There are about 10 points they look at, which you can find in the Michigan statutes on-line at http://www.michiganlegislature.org/law/.

Children generally have no idea what is best for them, primarily b/c they are often and unfortunately pulled and pushed to declare their affection between the parents. If you want to effect a change in custody, you must show more than that as to why the court should do so. Without suggesting a course of action, I would suggest asking the Court to inquire into the children's preferences when the kids are over 10 in private, so they can be truthful without pressure from the parents. In an equal situation, that COULD sway him to change custody, but you haven't said how long they've ben with your Ex, so it is really difficult to say whether there is an "established custodial environment" with your Ex. See, there are different tests applied if the kids are essentially settled in or if they were just put in his custody a month ago. It will also depend upon the type of custody you have [is it joint or sole custody to him?], and the distance between the households. There are many books designeed to help non-custodial parents, one I recommend [although it is old] is Mom's House, Dad's House, author not sure, check Amazon or Barnes/Noble website. Good Luck!

Regina Brice

Brice Law Offices

2232 S. Main Street #364