When\nmeeting with clients, a common confusion arises regarding the difference\nbetween modifying parenting time and modifying custody. The difference can be\nvery confusing and seem insignificant. However, it is important to know the\nsubtleties between the two; the difference can have a great impact on your\nrelationship with your child. The following is a rather detailed description\nthe differences between the modifications. If you would like to discuss your\ncurrent custody and\/or parenting time arrangement, contact Tripp and Tagg,\nAttorneys at Law at 269-945-2242 or visit https:\/\/trippandtagg.com\/<\/a>\nto email the attorneys. <\/p>\n\n\n\n ARE YOU ASKING TO MODIFY CUSTODY OR PARENTING TIME?<\/strong><\/em><\/p>\n\n\n\n As a\ngeneral rule, attempting to change custody is more difficult than attempting to\nmodify parenting time. But what is the difference between a change of\ncustody and a change in parenting time? To answer the above question, one must\nfirst understand the concept of the \u201cestablished custodial environment.\u201d <\/p>\n\n\n\n MCL\n722.27(1)(C)<\/a> states:<\/p>\n\n\n\n The\ncustodial environment of a child is established if over an appreciable time the\nchild naturally looks to the custodian in that environment for guidance,\ndiscipline, the necessities of life, and parental comfort. The age of the\nchild, the physical environment, and the inclination of the custodian and the\nchild as to permanency of the relationship shall also be considered.\u201d<\/em><\/p>\n\n\n\n A\nchange of custody is typically seen as a change in the custodial arrangement\nthat alters the established custodial environment of the child. For example, if\na change in the custodial arrangement is so significant that it would alter who\nthe child looks to for guidance, discipline, the necessities of life, and\nparental comfort, then that change probably will be classified as a change in custody. <\/em>A change of parenting time can be\nseen as a change in the custody arrangement that does not have the effect of\naltering the established custodial environment.<\/p>\n\n\n\n A\nsimplified (quite possibly too simplified<\/em>) way of looking at the\nsituation is to assume that if you are looking for a lot more time with your\nchild then you might be asking for a change in custody. But if you are\nasking for a little bit more time with your child, then you might be asking for\na change in parenting time.<\/p>\n\n\n\n Again,\nthe significance of this matter is that trying to modify parenting time is much\neasier than trying modifying custody. Below the differing legal standards\nwhen dealing with modifying custody versus parenting time are explained.<\/p>\n\n\n\n WHAT MUST YOU SHOW TO GET THE COURT TO REVISIT THE CUSTODIAL ARRANGEMENT?<\/strong><\/em><\/p>\n\n\n\n To\ndeter parents from filing frivolous motions to modify custody every other week,\nbefore the court will even entertain a parent\u2019s request to modify custody or\nparenting time, the parent must meet the initial threshold of showing the court\nthat \u201cproper cause or change of circumstances<\/strong>\u201d exists to warrant\nre-review of the custodial arrangement. If a party cannot satisfy this burden,\nno review to modify may be conducted. Prior agreements or the judgment of\ndivorce may also impact and establish the threshold. <\/p>\n\n\n\n INITIAL THRESHOLD TO MODIFY CUSTODY<\/em><\/strong><\/p>\n\n\n\n When\nit comes to a potential change in custody, to establish a \u201cchange of\ncircumstances<\/strong>,\u201d the parent requesting the change must prove that, since the\nentry of the last custody order, the conditions surrounding custody of the\nchild, \u201cwhich have or could have a significant <\/em>effect on the\nchild\u2019s well-being,\u201d have materially changed. <\/p>\n\n\n\n \u201cProper\ncause\u201d alone can also serve as a basis for modification. Proper cause\nmeans one or more appropriate grounds that have or could have a significant\neffect on the child\u2019s life to the extent that a reevaluation of the child\u2019s\ncustodial situation should be undertaken and the grounds should be relevant to\nat least one of the twelve statutory best interest factors in MCL 722.23. <\/p>\n\n\n\n INITIAL THRESHOLD TO MODIFY PARENTING TIME\u00a0<\/em><\/strong><\/p>\n\n\n\n Parenting\ntime changes have a lower threshold than custody changes. For parenting time,\na more expansive definition of Proper Cause or Change of Circumstances is\nnecessary, because the objectives are different. The same normal life changes\ninadequate to warrant a custody change are exactly the types of considerations\nto consider when addressing a parenting time change. <\/p>\n\n\n\n While\nthe primary concern with custody is the stability of the child\u2019s environment\nand avoidance of unwarranted changes, the focus of parenting time is to foster\na strong relationship between the child and its parents. When analyzing whether\nProper Cause or Change of Circumstances to modify parenting time exists, the\nchild\u2019s age may be taken into consideration. However, the parent trying\nto modify parenting time must show that there are \u201cpractical implications<\/strong>\u201d\nto the child growing older that justify modification of the parenting time\narrangement. A parent should be ready to show how the child\u2019s needs are not\nsufficiently being met by the current parenting time arrangement. <\/p>\n\n\n\n WHAT STANDARD IS THE COURT USING TO ANALYZE THE PROPOSED CHANGE? <\/em><\/strong><\/p>\n\n\n\n If and\nonly if a parent is able to show a finding of proper cause or change of\ncircumstances, the court will revisit whether modifying custody or parenting\ntime is appropriate. The burden of proof to modify rests on the parent\nseeking to modify. If a parent is trying to modify custody (i.e., alter\nthe established custodial environment), that parent must show by \u201cclear and\nconvincing evidence\u201d that modification is in the best interests of the child.\nClear and convincing evidence is a high standard to meet. If a parent is\nmerely trying to modify parenting time, that parent must show by a\n\u201cpreponderance of the evidence\u201d that modification is in the best interests of\nthe child. The preponderance of the evidence standard is a lower standard to\nmeet.<\/p>\n\n\n\n ANALYZING CUSTODY\u00a0<\/em><\/strong><\/p>\n\n\n\n When analyzing a modification\nin custody, the Court is required to review the 12 best interest factors\nof MCL\n722.23<\/a>, listed as follows:<\/p>\n\n\n\n (a)\nThe love, affection, and other emotional ties existing between the parties\ninvolved and the child. (b) The capacity and disposition of the parties\ninvolved to give the child love, affection, and guidance and to continue the\neducation and raising of the child in his or her religion or creed, if any. (c)\nThe capacity and disposition of the parties involved to provide the child with\nfood, clothing, medical care or other remedial care recognized and permitted under\nthe laws of this state in place of medical care, and other material needs. (d)\nThe length of time the child has lived in a stable, satisfactory environment,\nand the desirability of maintaining continuity. (e) The permanence, as a family\nunit, of the existing or proposed custodial home or homes. (f) The moral\nfitness of the parties involved. (g) The mental and physical health of the\nparties involved. (h) The home, school, and community record of the child. (i)\nThe reasonable preference of the child, if the court considers the child to be\nof sufficient age to express preference. (j) The willingness and ability of\neach of the parties to facilitate and encourage a close and continuing\nparent-child relationship between the child and the other parent or the child\nand the parents. (k) Domestic violence, regardless of whether the violence was\ndirected against or witnessed by the child. (l) Any other factor considered by\nthe court to be relevant to a particular child custody dispute.<\/em><\/p>\n\n\n\n ANALYZING PARENTING TIME\u00a0<\/em><\/strong><\/p>\n\n\n\n When\nanalyzing a modification in parenting time, the Court is required to review the\n12 best interest factors of MCL\n722.23<\/a> AND the court also has the option of reviewing the 9\nparenting time factors of MCL\n722.27a<\/a>, listed as follows:<\/p>\n\n\n\n (a)\nThe existence of any special circumstances or needs of the child. (b) Whether\nthe child is a nursing child less than 6 months of age, or less than 1 year of\nage if the child receives substantial nutrition through nursing. (c) The\nreasonable likelihood of abuse or neglect of the child during parenting time.\n(d) The reasonable likelihood of abuse of a parent resulting from the exercise\nof parenting time. (e) The inconvenience to, and burdensome impact or effect\non, the child of traveling for purposes of parenting time. (f) Whether a parent\ncan reasonably be expected to exercise parenting time in accordance with the\ncourt order. (g) Whether a parent has frequently failed to exercise reasonable\nparenting time. (h) The threatened or actual detention of the child with the\nintent to retain or conceal the child from the other parent or from a third\nperson who has legal custody. A custodial parent\u2019s temporary residence with the\nchild in a domestic violence shelter shall not be construed as evidence of the\ncustodial parent\u2019s intent to retain or conceal the child from the other parent.\n(i) Any other relevant factors.<\/em><\/p>\n\n\n\n If the\nmatter is referred to a Friend of the Court custody investigator, the\ninvestigator is required to review the parenting time factors. <\/p>\n\n\n\n CONCLUSION<\/em>\u00a0<\/strong><\/p>\n\n\n\n In summary,\nwhen a parent desires to modify the custodial arrangement (i.e., increase\nhis\/her time with the child and\/or decrease the other parent\u2019s time with the\nchild), the parent should understand the differences between changing custody\nversus changing parenting time. As a general rule, changing custody is\nmuch more difficult to do than modifying parenting time.<\/p>\n\n\n\n