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Re: Unstable home environment

Date: 30 Mar 2004
Time: 14:20:27
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Slim. In order to change custody in Michigan first you have to prove a change in circumstance. You probably do not have one although it is *slightly* possible that the move constitutes this although unlikely. If you pass the change of circumstance test and get to have your case heard at all, then the courts will determine whether there is an established custodial environment. Whether or not your ex passes this will determine the level of evidence you need in order to win custody. If she has no established custodial environment, you will have a much higher (but still unlikely) chance of winning. An established custodial environment is not a physical thing (entirely or even mostly). It is a term used to reference the stability of the child, emotionally (amongst other things). If the child looks to her mother for guidance, relies on her to take care of her needs (food, clothing, shelter) and the mother provides these things for her, if the child calls her home "home" even if Mom moves a lot - then you can bet that the courts will find that Mom has an established custodial environment. That does not mean that you can't also have an established custodial environment but whether you do or not is irrelevant since you are not on trial, she is. So unless a major change has occurred and her environment has suddenly become extremely unhealthy (major abuse or neglect, criminal allegations, etc), I would not bother with custody at all. You are much better off going for a change in parenting time to just get more time with your child.

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