Thursday, April 21, 2011

DID CHARLEVOIX MOM HAVE STABLE RELATIONSHIP IN CHILD CUSTODY DECISION. (810) 235-1970

The Stability of the relationship between parent and child in Charlevoix is important in a custody decision.

The facts regarding the stability of the parent-child relationship were examined in the following circumstances to determine whether there was an established custodial environment:
No established custodial environment was created with the mother where the father maintained frequent parenting time with the children and was the primary caretaker. Mazurkiewicz v Mazurkiewicz, 164 Mich App 492, 417 NW2d 542 (1987).

The mother did not establish a custodial environment where the conduct and attitude of the parents and the children did not show a desire for the arrangement to continue. The children did not look solely to the mother for guidance, discipline, the necessities of life, and parental comfort. Vander Molen v Vander Molen, 164 Mich App 448, 418 NW2d 108 (1987).

Repeated changes in the children’s physical custody and uncertainty because of the custody trial destroyed an established custodial environment. Hayes v Hayes, 209 Mich App 385, 532 NW2d 190 (1995).

Where the trial court found that the children looked to both their mother and father, with the same frequency, for guidance, discipline, and the necessities of life, it was an abuse of discretion not to find an established custodial environment with both parents. Foskett v Foskett, 247 Mich App 1, 634 NW2d 363 (2001).

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