Blog Posts Tagged with divorce; child custody; parenting time; MCL 722.23; change in custody; custody burden of proof
Trial Court Used Wrong Evidentiary Standard When Changing Parties’ Custody Arrangement
by: Matt Newburg
March 21, 2018 at 9:17 AM EDTA trial court improperly applied a “preponderance of the evidence” standard to determine that it was in a child’s best interest to change the established custodial arrangement, the Michigan Court of Appeals has ruled in Griffin v Griffin.
According to the Court of Appeals, the key in custody modification cases is for the trial court to first find – by clear and convincing evidence – that the proposed change is in the child’s best interest. To do this, the trial court...