Life is unpredictable, and circumstances change. What worked in a child custody arrangement a year ago may no longer be in your child’s best interests today. If you or the other parent have experienced a major life change that affects your ability to follow the current custody order, you may need to modify child custody.

Michigan courts do not grant custody modifications without reason. The legal process requires proving that a significant change in circumstances has occurred and that the modification serves your child’s best interests. Whether you and the other parent agree on the change or you anticipate a legal battle, understanding how to modify child custody orders will help you prepare.

When Can You Modify Child Custody Orders?

Michigan courts do not allow parents to modify child custody simply because one parent wants a change. A parent must demonstrate a material change in circumstances—something significant enough to impact the child’s well-being or make the current arrangement unworkable. Minor disagreements or temporary issues are not enough to justify a modification.

Even if a significant change is proven, the court will only modify child custody if the new arrangement is in the child’s best interests. Michigan courts prioritize the child’s well-being over either parent’s preferences.

Steps to Modify Child Custody in Michigan

A parent seeking to modify child custody must follow specific legal steps to ensure the court considers their request. Whether both parents agree on the change or the request is contested, the process generally follows these steps.

1. Filing a Motion

To begin the process, the parent requesting the change must file a Motion to Change Custody with the family court that issued the original order. This motion must outline the reason for the requested modification and propose a new custody arrangement.

If both parents agree on the modification, the process is usually straightforward. However, if one parent contests the change, the court will require evidence to support the request.

2. Proving a Significant Change in Circumstances

Before modifying child custody, Michigan law requires proof that a material change in circumstances has occurred. Courts do not approve modifications based on minor inconveniences or temporary conflicts. The parent seeking the change must show that circumstances have changed enough to warrant a new custody arrangement.

Examples of significant changes include:

• A parent losing a job or gaining employment that affects their availability
• A child’s educational or healthcare needs changing substantially
• One parent moving far enough away to disrupt the existing parenting schedule
• A parent repeatedly failing to follow the current custody order
• The presence of domestic violence, substance abuse, or neglect

3. Demonstrating Your Child’s Best Interests

Even if a significant change in circumstances exists, Michigan courts will not modify child custody orders unless the change serves your child’s best interests. The court evaluates multiple factors when determining what is best for the child, including:

• The child’s emotional bond with each parent
• Each parent’s ability to provide a safe, stable home
• The child’s preference if they are old enough to express a reasonable opinion
• The mental and physical health of both parents
• The child’s school and community stability
• Any history of domestic violence or substance abuse

What to Expect in Court

If both parents agree on the modification, the court will typically approve the new custody order. However, if the request is contested, a judge will schedule a custody hearing where both parents can present their arguments.

At the hearing, each parent has the opportunity to provide testimony, present evidence, and call witnesses. The judge may also appoint a guardian ad litem to evaluate the child’s needs and make recommendations to the court.

The court may order a custody evaluation, which involves interviews, home visits, and assessments of each parent’s ability to care for the child. These evaluations help judges determine what arrangement best serves the child’s interests.

Once all evidence is presented, the judge will issue a decision. The process can take several months, especially in contested cases, so parents should be prepared for potential delays.

How to Strengthen Your Case for Custody Modification

If you need to modify child custody orders, preparing a strong case increases your chances of success. Consider the following steps to strengthen your request:

• Keep detailed records: Document missed visitations, violations of the existing custody order, or any incidents that affect your child’s well-being.
• Gather evidence: School reports, medical records, and statements from teachers, doctors, or family members can support your case.
• Follow the current custody order: Courts are less likely to grant modifications if the requesting parent has a history of violating the existing order.
• Avoid conflict with the other parent: Courts favor parents who prioritize their child’s well-being over personal disputes.
• Work with an attorney: Navigating the legal process alone can be challenging, especially in contested cases. An attorney can help you build a compelling argument and advocate for your rights.

Can a Child’s Preference Affect Custody Modifications?

In Michigan, a judge may consider a child’s preference when modifying child custody orders, depending on the child’s age and maturity level. While a child cannot unilaterally decide where they want to live, their opinion is one of many factors the court evaluates. The judge will weigh the child’s reasoning and whether their preference aligns with their best interests.

Take Action to Protect Your Child’s Future

Modifying child custody can be a complex and emotional process, but it is often necessary to ensure a child’s well-being. If you need to request a custody modification, taking the right legal steps is essential.

The Law Offices of Kevin R. Lynch P.L.C. helps parents navigate custody modifications and advocate for arrangements that serve their children’s best interests. Contact our office today to schedule a consultation and discuss your options.