The trial court in this custody matter improperly refused to hold an evidentiary hearing on the plaintiff-mother’s request to modify custody and parenting time, the Michigan Court of Appeals has ruled.

The trial court’s decision to award a father joint legal custody must be vacated because the ruling was “against the great weight of the evidence”.

Based on a father’s non-compliance with medical recommendations to treat the child’s gender dysmorphia and suicidal ideation, the COA found there was proper cause to reconsider custody.

The trial court in this custody case did not err in denying the mother’s petition for primary physical and sole legal custody of the parties’ children, the Michigan Court of Appeals has ruled.

An award of sole legal custody to the father of the parties’ minor child must be reversed, because the trial court did not exercise “a proper degree of caution”.

The trial court received additional evidence, considered the statutory best-interest factors, and found by clear and convincing evidence that primary custody with plaintiff was in the child’s best interests.