State Spotlight: Michigan: Child's Preference in Custody Modification Proceedings

From Michigan Lawyers Weekly:

A trial court erred when it granted a change in custody without considering the preference of the child, the Michigan Court of Appeals has held, vacating the change in custody order and remanding.

Judge Brock A. Swartzle said reversal was warranted here because the error seriously affected the fairness and integrity of the custody proceedings.

“A child’s preference is just that — a preference — and a trial court must evaluate that preference along with all of the other relevant evidence when making its best-interest determination,” he wrote. “But, even if the child’s preference does not carry the day, there is independent value in knowing on some level that one’s voice has been heard.”

The published decision is Quint v. Quint (MiLW 07-107861, 9 pages). Judge James Robert Redford joined Swartzle’s opinion.

Judge Christopher P. Yates concurred.

Read more here.