Whether the proposed change would modify the established custodial environment of the child.

Pierron v Pierron, ___ Mich ___ (#138824, 5/11/2010)


When considering an important decision affecting the welfare of the child, the trial court must first determine whether the proposed change would modify the established custodial environment of that child. In making this determination, it is the child's standpoint, rather than that of the parents, that is controlling.

If the proposed change would modify the established custodial environment of the child, the burden is on the parent proposing the change to establish, by clear and convincing evidence that the change is in the child's best interests. Under such circumstances, the trial court must consider all the best-interest factors because a case in which the proposed change would modify the custodial environment is essentially a change-of-custody case.

If the proposed change would not modify the established custodial environment of the child, the burden is on the parent proposing the change to establish, by a preponderance of the evidence, that the change is in the child's best interests. Under those circumstances, although the trial court must determine whether each of the best-interest factors applies, if a factor does not apply, the trial court need not address it any further other than stating that the factor is irrelevant.