Legal Question in Family Law in Michigan

custody reversal

My ex-wife and I have 50-50 joint custody. My son resides with me during the week, mon-thur one week and sun-thur the next. Son starts pre-school in the fall and wife wants to have him go to school in her county, 45 minutes from me. She is filing for sole legal custody and changing the custody from me having him during the week to her having the week and me having every other weekend. Nothing has happened to warrant a change in custody, but she is doing anyway. What are the chances that she will get what she is asking for? The judges seem to favour the mothers in our county. I need help, thank you.


Asked on 5/10/05, 8:09 am

1 Answer from Attorneys
Blake Lipman Law Office of Blake P. Lipman

Re: custody reversal

Custody is reviewed using the "Best Interests of the Child" standard. That is, the court will weigh a number of factors to determine whether the custody should be changed. Also, the amount of scrutiny the court gives to each of the factors will depend on whether there is "an established custodial environment." This is where your spouse will concentrate her argument, saying that because of the joint custody arrangement, there is no established custodial environment. As it stands, she will have a difficult, but not impossible case. For more info, please contact my office at (248)851-3171.

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Answered on 5/11/05, 10:01 am


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