Legal Question in Family Law in Michigan

my divorce has been final for 2 yrs can I still to to the court and try get more parenting time? even though it has already been set by the court 2 yrs ago?

Asked on 6/01/13, 8:39 am

1 Answer from Attorneys

Christopher Brown Brown & Associates, Legal Services, PLLC

Yes, it is possible but there is a legal standard that must be met to revisit the order. Under the Child Custody Act, MCL 722.21 et seq., a trial court may modify or amend its previous judgments or orders for proper cause shown or because of change of circumstances. MCL 722.27(1)(c); Shade v Wright, 291 Mich App 17, 22; 805 NW2d 1 (2010). A party seeking modification of a parenting time order is required to establish proper cause or change of circumstances. Id. at 22-23; Terry v Affum (On Remand), 237 Mich App 522, 534-535; 603 NW2d 788 (1999).

Feel free to contact me to discuss what may be a "proper cause" or "change in circumstances" This is a fact specific analysis. I need more information to advise you further.

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Answered on 6/01/13, 9:32 am

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