CAN COLLEGE STUDENT MOTHER GET CUSTODY WHEN DADDY'S MOMMY RAISED THE
CHILD....YES SAYS THE UPPERS...!
_________________________
GOOD MORNING FLINT! BY Terry Bankert 4/05/08
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And Flint Talk
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YES, TO THE ABOVE- Dude you got to do you own parenting. This child
did not volunteer to be born.[trb]

Issues: Divorce; Custody; Whether the child had an established
custodial environment; MacIntyre v. MacIntyre; Jack v. Jack; Foskett
v. Foskett; LaFleche v. Ybarra; Whether the court erred in its
finding on best interest factor (e); Fletcher v. Fletcher; Ireland v.
Smith
Court: Michigan Court of Appeals
Case Name: Liu v. Liang
e-Journal Number: 38899
Judge(s): Per Curiam - Meter, Sawyer, and Wilder
UNPUBLISHED
March 25, 2008
v No. 280301
Sanilac Circuit Court
Family Division
LC No. 06-031374-DM
Defendant-Appellee.


This article will be discussed "live" on my Radio program
"Know the Law" on
Saturday 04/05/2008
from Flint Michigan USA on
WFLT 1420 AM
Radio 9:00 a.m. to 9:30 a.m. (Eastern) .
This is a call in program for your questions on Family Law. Please
call 1-810-239-5733. [trb]

A BATTLE OVER CUSTODIAL ENVIRONMENT-MOM GETS KIDS!


PATERNAL GRANDMOTHER HAD BEEN THE CARE GIVER! DAD SHOULD GET CREDIT
FOR THAT?


WHAT IS GOING ON WITH THIS CHILD?


THIS BABY WAS MOVED AROUND TOO MUCH WITH TOO MUCH DRAMA


DAD SAYS HIS MOTHER WAS "THE ONE"


COURT SAYS NO PROOF OF THAT


COURT SAYS NO CUSTODIAL ENVIRONMENT, THE COURT WILL PLACE.


WHAT HAPPENS WHEN NO CUSTODIAL ENVIRONMENT?

THE COURT MUST USE THE BEST INTEREST FACTORS

To do so, the trial court properly considered the 12 factors listed
in MCL 722.23.

DAD KEPT MOM AWAY


MOM MORE LOVING AND STABLE FOR THE CHILD

The Friend of the Court (FOC) held hearings on the custody issue and
recommended that
plaintiff be granted primary physical custody of the child. Defendant
filed objections, and the
trial court held a de novo hearing. The trial court found that there
was no established custodial
environment with either parent and that the child's best interests
would be served by awarding
physical custody to defendant.

On appeal, plaintiff first argues that the trial court erred by
finding that the child did not
have an established custodial environment. According to plaintiff,
the court ignored the fact that
plaintiff's mother had been the child's primary care giver for the
most of the child's life.

PROCESS FOR REVIEWING LOWER COURT DECISION


WHEN YOU LEAVE PLACEMENT TO THE COURT IT FIRST ASKS IS THERE A
CUSTODIAL ENVIRONMENT

IF THERE IS A CUSTODIAL ENVIRONMENT THE COURT CANNOT CHANGE IT WILLY
NILLY

If there is an established custodial environment, the court cannot
change that
environment absent clear and convincing evidence that the change is
in the child's best interests.
MCL 722.27(1) ( C )

IF THERE IS A CUSTODIAL ENVIRONMENT THE COURT WEIGHT, MEASURES THEN
DECIDES.

If there is no established custodial environment, the court may enter
a
custody order if the preponderance of the evidence shows that the
requested custody is in the
child's best interests. Foskett v Foskett, 247 Mich App 1, 6-7; 634
NW2d 363 (2001).

SO JUST WHAT IS THE CUSTODIAL ENVIRONMENT?

To determine whether an established custodial environment exists, the
court must
examine statutorily defined factors. The applicable statute states
that:
a custodial environment is established if over an appreciable time
the child naturally looks to the custodian in that environment for
guidance, discipline, the necessities of life, and parental comfort.

Lots of wiggle room here.[trb]

LET ME TELL YOU ABOUT THIS CHILD
2 YEARS OF AGE, MOVED AROUND A LOT...

Here, the child was just past two years of age at the time of the
temporary custody order and had lived intermittently with different
groups of adults including the parties, plaintiff's mother, and
plaintiff's sister, in different locations.

THIS KID WAS ON ITS OWN, NO GUIDANCE! AT 2 YEARS OF AGE!

The record does not establish that in the varying circumstances in
which the child was placed, she looked to any particular adult for
guidance, discipline, life necessities, or parental comfort.

DAD, MY MOMMY TOOK CARE OF THE BABY!

WELL, DADDYA SURE DID NOT PROVE THIS BIG TALK!

THE FAMILY COURT NO...YOU FAILED TO PROVIDE ANY CUSTODIAL ENVIRONMENT
FOR THIS BABY


THE COURT WILL NOW DECIDE CUSTODY.

IN MICHIGAN WE DO NOT WANT ELITE JUDGES DECIDING OUR CHILDRENS
CUSTODY ON THEIR ELITE, PAMPERED, RICH BACKGROUNDS.

THE LEGISLATURE ADOPTED THIS ACT (BEST INTEREST STANDARDS) TO
STANDARDIZE AND MAKE FAIRER FOR THE COMMON FAMILY THESE DECISIONS.

DAD TATTLES TO THE COURT OF APPEALS THIS COURT BELOW YOU DID NOT KNOW
WHAT IT WAS DOING

THE COURT OF APPEALS SAYS, YOU GOT TO BE KIDDING US THE LOCAL COURT
DID IT RIGHT.

That defendant is currently a university student does not negate the
trial court's nconclusion that she will provide a more permanent
family unit than plaintiff.


Our Supreme Court acknowledged in Ireland v Smith, 451 Mich 457, 465;
547 NW2d 686 (1996), that a student can provide a permanent family
unit for a child, even if the other parent is living in a family unit
with the child's grandparents.

Plaintiff has identified no viable grounds for disturbing the trial
court's custody
determination.

Affirmed.
/s/ Patrick M. Meter
/s/ David H. Sawyer
/s/ Kurtis T. Wilder

–end article-

Posted here by Terry Bankert 4/4/08... http://attorneybankert.com/
Join my political party of preference,
http://www.michigandems.com/join.html —


The bulk of the material above is from an e-journal which circulated
this recent court of appeals case. I have change the form I have
added the cap headlines and inserted my comments as [trb] Do not rely
on this article unless you review the original. This is prepared for
a blog and discussion on a radio program. -Terry Bankert 4/5/08






47270/012619