Under Michigan law, an important and oddly worded concept is the custodial environment. This is essentially a child’s home. Where is the child’s home? That is the question. It is essential to bring out proper testimony to support these magical key words for the court when in a custody battle. Interested in modifying your child’s custody? Come talk to us.
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What Is Established Custodial Environment?
In the state of Michigan, established custodial environment is defined as the parent who the child naturally depends on to provide for them. The child looks to that parent to guide them and help them make important decisions. That parent also provides comfort and a loving home for the chiild.
Here is the legal definition:
“Established Custodial Environment: MCL 722.27(1)(c),:
The custodial environment of a child is established if over an appreciable time the child naturally looks to the custodian in that environment for guidance, discipline, the necessities of life, and parental comfort. The age of the child, the physical environment, and the inclination of the custodian and the child as to permanency of the relationship shall also be considered.
The Court must determine whether an established custodial environment exists before it makes a determination regarding the child’s best interests in a custody proceeding. Whether an established custodial environment exists is a question of fact. Mogle v. Scriver, 241 Mich App 192, 197; 614 NW2d 696 (2000).”
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