Established Custodial Environment

The courts consider many factors in deciding where an ECE, Established Custodial Environment is.  They also look at the surrounding circumstances when deciding whether a change is in order.

   Recently, a court looked at the situation where the children had been living with the father, eventhough there was a previous determination as to where the ECE was.  The Judgment gave physical custody to the mother.  However, after a finding of abuse by Child Protective Services, the children went to live with the father.  There was no immediate change of custody with the divorce case.

    A few years later, father a motion to change custody based on the present living situation.  The court found that it did not need to review all custody factors because there was a new established custody environment created by the reality of the situation.  The court granted the change in the custody order based on accurate and relevant evidence.

   If you are thinking about making a request for a custody change, or have any issues to review, we will discuss your case during a free consultation.  Contact the Law Office of Eugene Lumberg and Eric S. Lumberg to schedule your meeting. 

   Please call us at 248-626-8383 or email at www.lumberglaw.com.

   For more information, check out our website at www.lumberglaw.com  

When can an established custodial environment be changed?
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RECENT POSTS

  • Established Custodial Environment
    Posted on December 19, 2012
    Topic: Family Law

    Michigan Courts have again looked at the issue of an established custodial environment in determining custody.  The court took testimony regarding this issue and determined that the mother had shown proper evidence that a custodial environment had been established with her.  Although the father had been present at various times, others, including the mother, were ... Read more

  • Grandparents rights for Visitation
    Posted on December 6, 2012
    Topic: Family Law

    There has been much history involving parenting time or visitation with grandparents in the past few years.  At one point, a victory was won for grandparents because there were court rulings that would enforce this time with the grandchildren.  Then it was determined that there was no right to award the grandparents visitation as it conflicted with ... Read more

  • Property Issues in Divorce
    Posted on November 26, 2012
    Topic: Divorce

    As part of any divorce proceeding, a property division will need to be either agreed upon or decided by the Judge.  This will become part of the Judgement of Divorce or, sometimes, a separate document titled "Property Settlement".  In making the division, some issues to be considered will be whether the property is considered marital ... Read more

RECENT POSTS

  • Established Custodial Environment
    Posted on December 19, 2012
    Topic: Family Law

    Michigan Courts have again looked at the issue of an established custodial environment in determining custody.  The court took testimony regarding this issue and determined that the mother had shown proper evidence that a custodial environment had been established with her.  Although the father had been present at various times, others, including the mother, were ... Read more

  • Grandparents rights for Visitation
    Posted on December 6, 2012
    Topic: Family Law

    There has been much history involving parenting time or visitation with grandparents in the past few years.  At one point, a victory was won for grandparents because there were court rulings that would enforce this time with the grandchildren.  Then it was determined that there was no right to award the grandparents visitation as it conflicted with ... Read more

  • Property Issues in Divorce
    Posted on November 26, 2012
    Topic: Divorce

    As part of any divorce proceeding, a property division will need to be either agreed upon or decided by the Judge.  This will become part of the Judgement of Divorce or, sometimes, a separate document titled "Property Settlement".  In making the division, some issues to be considered will be whether the property is considered marital ... Read more