By Lisa Serra

When determining whether to establish custody or make modifications to an existing child custody order, a Court must first decide whether an established custodial environment exists.

What is Established Custodial Environment (ECE) in Michigan?

A custodial environment is established if, over a significant duration in time, “the child is provided the parental care, discipline, love, guidance and attention appropriate to his age and individual needs.”

See Sabatine v Sabatine, Michigan Supreme Court, June 11, 2024.

Determining whether an established custodial environment exists is based on several factors. While the child’s physical environment (or the number of overnights spent with each parent) is to be considered in determining ECE, it is not the only factor. Other factors should also be considered, including the age of the child, to whom the child is bonded, the permanency of the relationship and which parent the child relies upon for parental guidance and comfort.

Can both parents have an established custodial environment?

Yes. An established custodial environment may involve one or both of a child’s parents.

Burden of Proof.

Whether a custodial environment exists determines the burden of proof required by the parent wanting to establish or change custody.

If the judge determines that a custodial environment has been established with one parent, the judge can only change custody if the parent asking for a change can establish by clear and convincing evidence that there has been significant change in circumstances and that the custody change is in the best interests of the child.

If an established custodial environment exists with both parents, the parent asking for the change need only show by a preponderance of the evidence that the change is in the child’s bests interests.

Contact Lotus Legal Solutions for Child Custody Cases.

If you are looking to establish a child custody agreement, or if you wish to make changes to an existing child custody order, we can help. Call us today to understand how ECE may affect your family.