Legal Question in Family Law in Michigan
Clear and convincing evidence
If my ex-husband is not taking care of my child, and has not provided my child with medication and continues to have someone else take primary care of him, can this be called change of circumstance and will it allow for my son to speak to the judge at age 7? The child wants to live with both parents equally and spend time with my family, however, ex husband was given sole custody and has been very difficult to work with regarding first right of refusal and time with me and my family members.
1 Answer from Attorneys
Re: Clear and convincing evidence
Hi, Your e-mail has been forwarded to my office.The quick answer is "Yes, that information should be brought to the Court's attention." I would need to know other details before I could give you my educated guess on what the likely results are. I can tell you that the burden of proof is on the non-custodial parent to show by "clear and convincing" evidence that it is in the best interest of the child that the "established custodial environemnt" shoud be changed. Please feel free to contact either my associaste, Helene Phillips or myself for further information. You can find our address, phone number, and a map at our web page (http://www.mich-lawyer.com)
John C. Talpos
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