Servis v. Putten - Decided by the Michigan Court of Appeals (Unpublished) PDF Print E-mail

The court held that the trial court properly granted the defendant-father's motion for a change in custody, granting him custody of the parties' child and addressing parenting time.

On appeal, the court rejected the plaintiff-mother's argument that defendant never clearly established facts that would show proper cause or a change of circumstances sufficient to warrant a change of custody. "The fact that [plaintiff] was convicted of domestic violence was undisputed before the trial court," making an evidentiary hearing into that fact unnecessary. "The trial court's finding that there was proper cause to merit consideration of a custody change under MCL 722.23(k) was not against the great weight of evidence." The court also rejected her argument that the trial court erred when it failed to hold an evidentiary hearing before determining whether a change in custody was in the child's best interests and by relying solely on the FOC's recommendations regarding change of custody, parenting time, and child support. It noted that plaintiff did not file her objection to the FOC recommendations or proposed order until a day after her 21-day period to object to the FOC proposed order expired, and thus she was not entitled to a de novo hearing conducted by the trial court. "Further, the trial court's act of entering the FOC proposed order as a final order was consistent with MCR 3.215(E)(1)(c)." Affirmed.

 

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