Life circumstances can change significantly after establishing a child custody or support order. Parents may find that an existing order no longer works for their family, whether due to a job loss, relocation, changes in a child’s needs, or other major life events. In Michigan, modifications to child custody and support orders are possible but require legal justification and court approval.
At Steslicki & Ghannam, our Plymouth family law attorneys assist parents in navigating the modification process to ensure their agreements reflect their current circumstances while protecting their children’s best interests.
When Can You Modify a Child Custody or Support Order in Michigan?
Michigan courts do not allow modifications simply because one parent wants a change. Instead, the parent requesting the modification must prove a substantial change in circumstances or show that the modification is in the child’s best interests.
- Modifying Child Custody
A court will consider modifying custody if there is evidence of a significant change that affects the child’s well-being, such as:
- A parent’s relocation impacts parenting time.
- A substantial change in a parent’s lifestyle, such as job instability, remarriage, or criminal activity.
- Health or safety concerns, including domestic violence, neglect, or substance abuse.
- A child’s educational, medical, and emotional needs.
If a parent can demonstrate these factors, the court will reevaluate custody using Michigan’s best interests of the child standard. This standard considers the child’s relationship with each parent, stability, home environment, and other essential factors.
- Modifying Child Support
A child support order can also be modified if a parent can prove a substantial change in financial circumstances, including:
- A job loss or significant decrease in income affects a parent’s ability to pay.
- An increase in the child’s needs, such as medical expenses, educational costs, or extracurricular activities.
- A change in parenting time, where one parent has more time with the child than initially ordered.
In Michigan, either parent can request a child support review every 36 months through the Friend of the Court (FOC) or file a motion sooner if there is a substantial change.
How to Request a Child Custody or Support Modification in Michigan
Modifying a child custody or support order in Michigan requires more than just a verbal agreement between parents—it must be approved by the court to be legally enforceable. Whether you and the other parent agree on the changes or there is a dispute, the process involves filing a formal request and presenting evidence of a substantial change in circumstances.
Understanding the steps involved can help ensure a smoother process and increase the likelihood of a favorable outcome.
To properly request a modification, parents may:
- File a Motion with the Court
Parents can submit a joint agreement to the court for approval if they agree on a modification.
If they disagree, the parent seeking the modification must:
- File a motion with the court that issued the original order.
- Provide evidence of the substantial change in circumstances.
- Attend a hearing where both parents present their arguments.
The judge will review the facts and determine whether the modification is necessary. Since modifications involve legal complexities and require proof of significant changes, working with an experienced family law attorney can improve the chances of success.
Get Help with Your Michigan Custody or Support Modification
If your circumstances have changed and you need to modify a child custody or support order, Steslicki & Ghannam, PLC can help. Our Plymouth family law attorneys understand the legal requirements and can guide you through the process to protect your rights and your child’s best interests.
Contact us today to discuss your case and explore your legal options for modification.
