In a published opinion, the Court of Appeals confirmed what the Michigan Supreme Court has stated in Hunter v Hunter 484 Mich 247, 263; 771 NW2d 694 (2009) – that when there are competing presumptions between a third party custodian with whom a child has an established custodial environment and a biological parent who does not have custody of the child, the latter presumption (of the parent) trumps the third party custodian. Accordingly, the Frowner court held the trial court clearly erred by holding that a parent has to demonstrate the Vodvarka threshold of proper cause or change of circumstances in order for a trial court to evaluate whether it can change custody from the third party custodian to the parent. Instead, under MCL 722.25(1), the third party custodian has to demonstrate by clear and convincing evidence that it is not in the child’s best interest to have custody in the parent. "[D]ue regard for Smith’s parental rights requires that the circuit court presume him to be the proper caretaker of his child. Enforcing this presumption requires that any opposing presumption, shielding the child from a custodial change absent a showing of proper cause or changed circumstances, must yield."
Labels: Change of Circumstances, Child Custody appeal, Michigan, proper cause, Third Party Custodian, Vodvarka, Wayne County
