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 EDT

A 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...