by ryan o'neil (oakland)
Kuebler v. Kuebler, _____ Mich App _____, ______ NW2d ______, 2023 (Docket No. 362488) Washtenaw County
This most recent opinion is one of many opinions and orders that stem from a highly contentious matter. At the initial custody determination, Dr. Ludolph, the psychologist, found that Mother had borderline personality disorder and Father had anger management issues. Since the last order on appeal, Father was awarded sole legal and sole physical custody of the minor children.
BY RYAN O'NEIL (Oakland County)
Smith v Rotterdam, unpublished per curiam opinion of the Court of Appeals, issued January 27, 2022 (Docket No. 357940)
Dueling post-judgment motions to modify custody. The trial court found that the minor child had an established custodial environment with both parties, applied the clear and convincing standard, and found that four (4) best interest factors favored Father while none favored Mother and granted Father’s motion to sole physical custody. Mother appealed the finding that the minor child had an established custodial environment with both parents, but the Court of Appeals rejected (and was seemingly confused) by this argument since the trial court applied the higher clear and convincing standard. Second, while the trial court did not find either a change in circumstance or proper cause, it was not necessary for them to do so since the parties were seeking to modify a temporary order. The Court opined,