How do I change a custody order in Michigan?

The established custodial environment

A custodial environment is established if, over an appreciable time, the child naturally looks to the custodian for guidance, discipline, the necessities of life, and parental comfort (MCL 722.27(1)(c)). Whether your request would change that environment determines how much proof the court needs.

When a contested motion would change the established custodial environment, the court must hold an evidentiary hearing first (MCR 3.210(C)(1)).

Building the motion

FOC 87 asks you to explain in attached pages how proper cause exists or circumstances have changed, and which best interest factors under the Child Custody Act support the change. MCL 722.23 lists twelve factors, from the emotional ties between each parent and the child to domestic violence and any other relevant factor.

Serve the motion and notice of hearing at least 9 days before the hearing by first-class mail, or 7 days if delivered, unless the court sets a different time (MCR 2.119(C)(1)).

Timing

When custody is contested, the hearing must be held within 56 days after the court orders it or after notice that a hearing is requested, and the decision within 28 days after the hearing, unless the court extends the time for good cause (MCR 3.210(C)). The existing order stays in effect until the court changes it.