My ex-spouse parties a lot. It’s not appropriate behavior. I desire a custody change. There may be discrepancies between what you say and what the court decides. Why run the risk? Everything needs to be documented. How can we record this? There are so many people who have photos and movies on their cell phones. They have Snapchat and TikTok. Visuals for each of these social media platforms are posted online. This makes it easier for the court to decide if the behavior in question is unacceptable. How do you go about modifying custody due to the ex’s excessive partying?
Click here to watch the video on Is Ex’s Party Lifestyle Grounds for Custody Change
Inform your child custody attorney in Michigan about your suspicions by calling them. This is what we’ll need, he or she will say. You must comprehend one thing. There are no laws against partying. It is not illegal to use alcohol. There is no restriction on drinking under the law. When specific circumstances go with that, it becomes problematic. For instance, while drinking is legal, driving while intoxicated is not. You can’t get custody modified if you only show how often your ex-spouse parties. Having a large number of guests. Having a good time. Maybe singing Karaoke. All that won’t mean anything. Unless you can connect that to a concern about the child’s safety.
Can I cite excessive partying as a cause for custody change in Michigan?
Yes. You can cite excessive partying as a cause for custody modification. The court considers all the relevant factors when making a decision about custody. Excessive partying can be a significant factor. You claim your ex-spouse is doing too much partying. The court will not necessarily take your word for it. You will need to provide evidence to support your claim. This could include things like:
- Images or recordings of the partying.
- Witness accounts from individuals who saw the partying.
- Clinical data. Records that prove how the partying hurt the child.
- Results of drug or alcohol tests. Proof that the parent is intoxicated when they are with the child.
Give the court this kind of evidence
The chances of the court altering the custody arrangement are increased. Your ex-spouse’s excessive partying may be a valid cause for concern. You worry that it could endanger your child. Speak with a family law specialist who has experience. You can learn more about your legal alternatives by consulting a lawyer. Your lawyer can also represent you in court. The court will look at the following factors when deciding whether to modify a custody order:
- The frequency and duration of the partying.
- The time of day and location of the party.
- Whether the parent is drinking or using drugs while partying.
- Whether the parent is neglecting their child’s basic needs, such as food, clothing, and shelter.
- Whether the parent is putting the child at risk of harm, such as by driving drunk with the child in the car.
- The child’s age and maturity level.
- The child’s wishes.
The court may find that the parent’s excessive partying is a danger to the child. The court can modify the custody order in a few ways. They may reduce the amount of time the child spends with the parent. The court can compel the parent to attend parenting classes or drug treatment.
When should child custody change be considered?
A Michigan family court will always err on the side of the child’s best interest. It will not consider any evidence for custody modification. Unless you establish either of two things.
- There is cause for the modification.
- There is a change in circumstances.
One or the other, not both, must be demonstrated by the party calling for the change.
Proper cause
A preponderance of the evidence standard. It also means a probability of more than 51 percent. This condition must be met in order to establish proper cause for the court to modify a custody order. The proper reason or reasons must be serious enough to have an impact on the well-being of the child. It must be pertinent to at least one of the twelve best-interest considerations. The trial court can assess the best interest elements after a party has established proper cause. The court can then determine whether a change is necessary.
Change of circumstances
One must prove that there has been a material change in the child’s environment. The change happened after the last custody order. This is how you establish a change in circumstances. This change must have had or be likely to have a significant impact on the child’s well-being. Before the divorce ruling, there may have been issues not pertinent to the discussion. Not just any change will do. Common life changes that take place during a child’s lifetime are insufficient. There must be proof that the child has been impacted by the material changes. That change will undoubtedly have an impact in the future. Each case’s facts are considered when making this decision. The facts established must be pertinent to the statutory best-interest considerations.
When requesting a change in custody, the first consideration must be whether there has been or will be a justifiable cause or a change in circumstances since the last custody order that has affected or will affect the child’s well-being. If not, the court will not even think about reevaluating the best interest criteria or modifying the custody arrangement.
What action can you take to deal with the excessive partying?
Parents may have been concerned about their ex-spouse’s excessive partying. They should take the following actions:
- Record the parties. This may require taking photos or videos. Write a journal. Talk to witnesses.
- Talk to your child about their concerns. It will be simpler for you to understand their response to partying.
- Call the authorities if you believe your child is in immediate danger.
- Bring a motion before the judge. Make changes to the custody arrangement.
Do these things. You may support the protection of your child. Spare them the adverse effects of excessive partying. Until the judge authorizes a new custody plan, the current one is in effect. Ascertain whether your co-parent will accept the modification. Do this before you alter your custody arrangement in any way. Support from both parents speeds up the procedure. Any changes still require court approval.
Filing the proper motion to custody change
In your family law matter, you must file a request with the court asking the judge to change the custody order. The party making the motion is referred to as the moving party. The respondent is the second parent. Apply the Objection to Ex Parte Order and Motion to Rescind or Modify form. This form must be used to modify an ex parte order. You have 14 days to file this form after receiving the ex parte order and being served with it. Visit the Michigan One Court of Justice website and fill out the Motion Regarding Custody form. You can alter any other custody arrangement using that form.
Filing and Service
To file your motion, the court will charge a fee. You can ask the court to waive your fee if you receive public assistance or if you are unable to pay it. Ask the clerk for a hearing date when you submit your motion. In the Notice of Hearing portion of your motion, include the hearing details. The other parent is then served with the motion. At least nine days prior to the hearing, you must mail the motion to the opposing parent. You can also deliver it in person to that person. Observe the following guidelines provided with the Motion Regarding Custody.
Electronic Servicing
Since the pandemic, the court has adopted better means of service. E-filing is already allowed for your case type. You have to subscribe to the following rules:
- Each and every file must be in PDF format;
- The court name, case name, case number, and the title of each document being provided must all be included in the email subject line;
- A document is deemed served on the same day if it is emailed at or before 11:59 p.m. The following business day is deemed to be the day of service if the email is sent on a Saturday, Sunday, or legal holiday;
- Emails you send to the other party, particularly those that serve legal documents, shouldn’t be deleted. Until a decision or final order is rendered and all appeals have been exhausted, you must maintain a record of all sent items.
It’s crucial to get in touch with a reliable Michigan family law attorney as soon as possible if you’re thinking about changing a custody arrangement. Changes in custody are a highly regulated, dynamic procedure. It’s important to keep in mind that even as you work to change the custody arrangement, you still have to abide by it. Negative effects will follow from failing to comply.
What you should keep in mind in child custody cases?
Your co-parent or ex-spouse may not make life easy for you. An easier life may not be part of the plan all along. It may be the reason why you went down this road. All that partying may be a way to set you off. Or, maybe your spouse is a party animal all along. But, you need to think about your children. How all that partying is going to affect them? There are a few things you can do to improve your chances of riding this custody journey with fewer bumps.
Follow any custody, visitation, and support orders issued by the court
The judge and the Friend of the Court will work very hard to help you. They will determine a custody and parenting time schedule that is optimal for your child. If you disobey the court’s orders, your case will become more contentious. The child and the other parent may experience emotional distress. You may end up going back to court again. Talk to your lawyer about the process for submitting a motion to alter an order if you just cannot abide by it. Never decide for yourself which commands are worthy of your obedience. Displeasing the court always has consequences.
Be reasonable in your demands of the other parent. Avoid being overly legalistic
Show some kindness and flexibility. Your children will gain from this. You’d be surprised at how challenging this one may be for certain individuals. Unless someone’s health or safety is in immediate danger, avoid involving the police in parenting time disputes. Children, especially the very young, suffer considerable emotional trauma just from seeing a police cruiser at a parenting time exchange.
Keep in mind that during a custody dispute, your soon-to-be ex may attempt to elevate minor issues to significant ones
In a custody dispute, the other party can suddenly refer to someone who only drinks one beer per month as an alcoholic. The parent who collects firearms may be referred to as a gun enthusiast. It’s an exaggeration at its best. It’s safe to say that in a custody battle, they should act honorably at all times. Perceptions can be deceptive.
Limit your use of text messaging and social media
While Facebook, Twitter, Instagram, and other social media platforms can be good for connecting with people and keeping in touch, Drastically cut back on messaging or posting. Stop using them if at all possible. You don’t need friends uploading images of you at your friend’s bachelor party, at the beach, or with your new flame. Assume that you are being watched closely by your soon-to-be ex-spouse, her lawyer, and a custody investigator. You typically have no influence over what people will publish about you online. Avoid using Facebook or other social media to communicate critical information about parenting time to your children or your upcoming ex-spouse. Use phone or email as much as possible. You tend to think things through when you use them.
Keep a thorough journal of all parent-child exchanges
Expect in-depth questions in a custody dispute about things like how frequently you and the other parent attend parent-teacher conferences, church, sporting events, or doctor’s visits. How frequently do you work after hours or out of town? will be asked of you. You may recall multiple instances over the past year where your partner drank till the early hours of the morning and was unable to get out of bed the next morning to send the children off to school. All of these details pertain to a custody dispute, and because of their significance, they should be recorded in a diary.
Make the most of your parenting time and do not rely on others to carry out your parenting duties
When a lawyer stands up and strongly argues for more parenting time with the children, only to be confronted with evidence that the client did not make the most of the parenting time he already had, the client frequently leaves the children in the care of someone else to pursue other interests. It can greatly harm your custody case. Compromises your integrity and sincerity.
Do not introduce the children to your new partner if you are in a new relationship until the divorce is official
You are still legally married until the divorce is finalized, despite the fact that the courts acknowledge the right to move on after a divorce. Stability is the rule of law in custody disputes. The stability and durability of the family unit is one of the custody considerations. Your custody case may suffer if it appears that you are prepared to fundamentally alter your family dynamic before your divorce is legally finalized.
Recognize the variations in parenting views and styles
The court is aware that no two parents are the same in every way. As you proceed with a custody dispute, try your best to convey that you realize this. Parents who are extremely critical or fussy about how the other parent interacts with the child are seen by judges as having a tendency to alienate the child from the other parent and as being hesitant to foster a close bond. The judges have seen almost everything on the spectrum, and there is a huge range of what they deem to be appropriate parenting. If you concentrate on the big picture, you will progress in your custody case more quickly. Until a parent’s actions can be characterized as abusive or negligent, the courts acknowledge a wide range and considerable discretion in parenting styles. It’s best if you do so too.
As a parent, you should be more discerning about why all these parties are happening with your ex-spouse. Are you worried? Are you just angry because you can’t party better than your ex-spouse? If you are honestly worried about your child, go ahead and call your attorney. Make a move. File a motion. Do it fast if it is really about the well-being of your child? Try to reflect on what is driving you to feel the way you do. A custody arrangement’s primary consideration should always be the child’s best interests. Avoid causing the child any disturbances. It is difficult to amend a custody order when the child already enjoys a stable home environment. Maybe you only need to talk.
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