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Modification of Custody Order
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A child custody Order is subject to a modification at any time, in the best interests of the child. The issues a Court must consider before it modifies a custody Order are:
a. Has the Petitioner shown "proper cause" or a "change of circumstances"?
b. Is there an established custodial environment? If so, the standard is clear and convincing evidence that the change is in the best interest of the minor child.
c. Is the modification in the best interests of the child? When modifying a custody Order, the Court, on record, must make specific findings and conclusions on the best interest factors. Usually a Court must hold an Evidentiary Hearing to determine if a modification in the custody Order is in the best interests of the minor child. Often times, this involves not only the testimony of one of the parents but health care officials, school officials and family members.
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Law Offices of Brandt & Dehncke
740 W. Michigan Ave.
P.O. Box 128
Jackson, MI 49204 US
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517-787-8041
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