Vodvarka standard applies to both custody and parenting time modifications

In Stelman v Stelman, Docket No. 294105 [Unpublished August 3, 2010], the Court of Appeals affirmed the trial court’s order denying his motion to modify a parenting-time schedule, refusing him an evidentiary hearing. The plaintiff there claimed that because he sought only a modification of parenting time, rather than a full change of custody, he was not obligated to demonstrate proper cause or a change in circumstances.

The COA disagreed, holding that the Vodvarka standard, relying upon and citing its previous holding that the Child Custody Act governs parenting-time determinations as well as true custody decisions. Terry v Affum (On Remand), 237 Mich App 522, 533-534 (1999).

In Terry, this Court observed that “[g]enerally, within the Child Custody Act the term ‘child custody dispute’ is broadly interpreted ‘to mean any action or situation involving the placement of a child.’” Id., quoting Frame v Nehls, 452 Mich 171, 179; 550 NW2d 739 (1996). Because parenting-time decisions necessarily “involv[e] the placement of a child” at least to some degree, such decisions fall within the scope of the Child Custody Act. See Terry, 237 Mich App at 533-534.

Read Stelman v Stelman here.

Stelman v Stelman [Concurring opinion] hereVodvarka v Grasmeyer here

Comments

[William Matthews]

THIS DECISION HAS BEEN ABROGATED by the Court of Appeals! It is no longer valid!

From Shade v Wright, Docket No. 296318 [December 3, 2010]:
"Such concerns do not exist, however, when a modification of parenting time does not alter the established custodial environment because determinations regarding child custody and parenting time serve different purposes. Whereas the primary concern with child custody determinations is the stability of the child’s environment and avoidance of unwarranted and disruptive custody changes, the focus of parenting time is to foster a strong relationship between the child and the child’s parents."

and

"Thus, the very normal life change factors that Vodvarka finds insufficient to justify a change in custodial environment are precisely the types of considerations that trial courts should consider in making determinations regarding modification of parenting time."

This is, I feel, as it should be.