[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.kraayeveld.com\/blog\/lessons-to-be-learned-from-a-change-of-custody-that-went-wrong\/#BlogPosting","mainEntityOfPage":"https:\/\/www.kraayeveld.com\/blog\/lessons-to-be-learned-from-a-change-of-custody-that-went-wrong\/","headline":"Lessons to Be Learned From a Change of Custody That Went Wrong","name":"Lessons to Be Learned From a Change of Custody That Went Wrong","description":"Yesterday, September 12, 2019, the Court of Appeals issued a published opinion reversing a\u00a0change of custody\u00a0that was ordered by an Ionia County judge. This means that the little three-year-old girl was living with mom, then she moved to dad\u2019s custody, and now due to what we believe were technical errors made by dad, the child […]","datePublished":"2019-09-13","dateModified":"2026-02-03","author":{"@type":"Person","@id":"https:\/\/www.kraayeveld.com\/blog\/author\/james-kraayeveld\/#Person","name":"James Kraayeveld","url":"https:\/\/www.kraayeveld.com\/blog\/author\/james-kraayeveld\/","identifier":29,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/f327c36375f93cacc1f5818cbd6ca5f9c1c362ddf86682a8d1f0adac2b1f6198?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/f327c36375f93cacc1f5818cbd6ca5f9c1c362ddf86682a8d1f0adac2b1f6198?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Kraayeveld Family Law","logo":{"@type":"ImageObject","@id":"https:\/\/www.kraayeveld.com\/wp-content\/uploads\/2024\/07\/Kraayeveld-Logo.svg","url":"https:\/\/www.kraayeveld.com\/wp-content\/uploads\/2024\/07\/Kraayeveld-Logo.svg","width":0,"height":0}},"image":{"@type":"ImageObject","@id":"https:\/\/www.kraayeveld.com\/wp-content\/uploads\/2024\/07\/caroline-hernandez-ejfncf6vHIU-unsplash-1.jpg","url":"https:\/\/www.kraayeveld.com\/wp-content\/uploads\/2024\/07\/caroline-hernandez-ejfncf6vHIU-unsplash-1.jpg","height":684,"width":1024},"url":"https:\/\/www.kraayeveld.com\/blog\/lessons-to-be-learned-from-a-change-of-custody-that-went-wrong\/","video":[{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=4Vyb7RdaJgY#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=4Vyb7RdaJgY","name":"Before Filing for Custody Change\u2014Watch This! #shorts","description":"Before Filing for Custody Change\u2014Watch This! #shorts\n\nCustody changes require proof. Without it, motions can lead to costs and fees. File wisely.\n\nWatch the full video to learn more: https:\/\/youtu.be\/pQ6Jkd1ifpI\n\n#Custody #ParentingTime #LegalAdvice #FamilyLaw\nBefore Filing for Custody Change","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/4Vyb7RdaJgY\/default.jpg","https:\/\/i.ytimg.com\/vi\/4Vyb7RdaJgY\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/4Vyb7RdaJgY\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/4Vyb7RdaJgY\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/4Vyb7RdaJgY\/maxresdefault.jpg"],"uploadDate":"2026-01-05T12:56:29+00:00","duration":"PT30S","embedUrl":"https:\/\/www.youtube.com\/embed\/4Vyb7RdaJgY","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCIFBq8W6k05pXgw0k98DZPQ#Organization","url":"https:\/\/www.youtube.com\/channel\/UCIFBq8W6k05pXgw0k98DZPQ","name":"Kraayeveld Family Law","description":"\nGrand Rapids family law attorneys helping clients with divorce and child custody disputes in West Michigan.\n","logo":{"url":"https:\/\/yt3.ggpht.com\/0ucpS3xzwE2Lhnwtcd7eoF0oLwq7VmOIYlMbRuDAMZJdnz1G6W69BDWIvkGPEEHYXHzsdvPDLg=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=4Vyb7RdaJgY#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=4Vyb7RdaJgY#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=4Vyb7RdaJgY&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=4Vyb7RdaJgY#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":194}],{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=4Vyb7RdaJgY#VideoObject_interactionStatistic_LikeAction","interactionType":{"@type":"LikeAction"},"userInteractionCount":1}]},{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=pQ6Jkd1ifpI#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=pQ6Jkd1ifpI","name":"\ud83d\udea8 Can You Modify a Divorce After It\u2019s Final? 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What Michigan Law Says\n\nLife doesn\u2019t freeze after divorce\u2014jobs change, kids grow, and circumstances shift. \ud83d\udc69\u200d\u2696\ufe0f In this video, Attorney Jim Kraayeveld explains when and how you can modify a Michigan divorce judgment, what parts can be changed, and what usually can\u2019t.\n\nWatch to learn your rights before filing a motion\u2014and avoid costly mistakes.\n\n\ud83c\udf10 kraayeveld.com | \u260e\ufe0f (616) 612-1393\n#MichiganDivorce #DivorceModification #FamilyLaw","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/pQ6Jkd1ifpI\/default.jpg","https:\/\/i.ytimg.com\/vi\/pQ6Jkd1ifpI\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/pQ6Jkd1ifpI\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/pQ6Jkd1ifpI\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/pQ6Jkd1ifpI\/maxresdefault.jpg"],"uploadDate":"2025-10-07T19:00:48+00:00","duration":"PT8M27S","embedUrl":"https:\/\/www.youtube.com\/embed\/pQ6Jkd1ifpI","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCIFBq8W6k05pXgw0k98DZPQ#Organization","url":"https:\/\/www.youtube.com\/channel\/UCIFBq8W6k05pXgw0k98DZPQ","name":"Kraayeveld Family Law","description":"\nGrand Rapids family law attorneys helping clients with divorce and child custody disputes in West Michigan.\n","logo":{"url":"https:\/\/yt3.ggpht.com\/0ucpS3xzwE2Lhnwtcd7eoF0oLwq7VmOIYlMbRuDAMZJdnz1G6W69BDWIvkGPEEHYXHzsdvPDLg=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=pQ6Jkd1ifpI#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=pQ6Jkd1ifpI#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=pQ6Jkd1ifpI&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=pQ6Jkd1ifpI#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":91}],{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=pQ6Jkd1ifpI#VideoObject_interactionStatistic_LikeAction","interactionType":{"@type":"LikeAction"},"userInteractionCount":1}]}],"about":["Appeals"],"wordCount":973,"articleBody":"Yesterday, September 12, 2019, the Court of Appeals issued a published opinion reversing a\u00a0change of custody\u00a0that was ordered by an Ionia County judge. This means that the little three-year-old girl was living with mom, then she moved to dad\u2019s custody, and now due to what we believe were technical errors made by dad, the child is moved back to mom\u2019s custody. Most importantly, most readers will likely find that there are significant concerns about the mother\u2019s alienating tactics, but even so, she received physical custody of their daughter.So, what happened and what can be learned from this potential parental alienation case?What Happened?Mom and dad married in 2014; their daughter was born in 2015 and they divorced in 2016.\u00a0The judge ordered that Mom would receive physical custody and dad received supervised parenting time because mom was nursing, the child just had undergone surgery, and dad was required to take parenting classes.In January 2018, the parenting time order was amended, and dad received unsupervised every other weekend parenting time. Shortly after the entry of that order, mom\u00a0denied the ordered parenting time claiming she was concerned about dad\u2019s care of the child.\u00a0The judge ordered that mom had to comply with the court order or she would receive one day of jail for each time she violated the order.\u00a0Within weeks of that ruling, mom took the child to the pediatrician claiming she was fearful that dad had sexually and physically abused the child.\u00a0Child Protective Services and the police investigated mom\u2019s claims but did not substantiate the claims.\u00a0Mom, however, refused to accept their findings and CPS later testified that they became concerned about mom\u2019s mental health and emotional instability.Dad filed a Motion for Change of Custody and after an evidentiary hearing received joint physical custody, which included five weeks of summer parenting time for dad. Within months, mom denied the summer parenting time and she was ordered to serve 30 days of jail. Dad filed another Motion for Change of Custody which was granted after a referee heard testimony from mom, dad and the child\u2019s therapist. Mom appealed the Court\u2019s ruling. The record shows that dad did not have an attorney represent him during the appeal\u2019s process, nor did he file the necessary response to the appeal. The Court of Appeals reversed both custody orders, and thus, custody will be returned to the mother, and the father will once again receive every other weekend parenting time.Why Did the Court of Appeals Reverse Custody?In a change of custody case, the moving parent must establish that proper cause exists or a change in circumstances occurred before the Court will review the request for change of custody.\u00a0Dad claimed that \u201cPlaintiff\u2019s actions in not supporting a relationship between [dad] and the child presented \u201cconcern for [mom\u2019s] mental health\u201d\u201d.\u00a0However, at the hearing, dad never offered any evidence that mom was mentally ill. The only testimony presented was from the CPS worker claiming she was concerned about mom\u2019s mental health.What Went Wrong?The father in this case had a myriad of options to show a change in circumstances: mom failed to comply with court orders; mom repeatedly denied parenting time; mom\u00a0 failed to listen to the opinion of experts (CPS and police); instead dad claimed mom was mentally ill and then failed to provide support for his claim.\u00a0Additionally, dad\u2019s requests for a change of custody may have been a bit premature.\u00a0Although there are red flags that mom\u2019s alienating behavior was parental alienation in the making, we recommend that clients wait with requesting a change of custody until they can clearly show a pattern of willful alienating behavior.In family law cases, our clients often claim that the other parent exhibits mental illness. We often do not disagree; however, we do not always pursue those claims.\u00a0If the other parent\u2019s mental illness is undiagnosed, it is very difficult and expensive to pursue a diagnosis while the case is pending.\u00a0Logically, during a pending divorce and at a psychological evaluation, most parents will lie about or diminish any mental health problems and the report will merely indicate some deception.The record does not reflect whether dad was represented during the custody trials.\u00a0The Court of Appeals record reflects that dad was not represented at the Court of Appeals and did not even try to represent himself.\u00a0Thus, the panel of three judges only received a brief (often consisting of up to 20 pages) with mom\u2019s allegations. Dad never provided legal counter arguments. That said, dad\u2019s difficulties arose when he filed his very first pleadings and overstated the facts or if mom was truly mentally ill, he should have proven those claims and retained an expert.As a final thought, a Court of Appeals opinion does not provide all the facts of the case. When we represent clients at the Court of Appeals, we warn our clients that what they find important or inflammatory may not be the judges\u2019 focus.\u00a0The transcripts and briefs may have included information that the judges considered but which they did not include in the opinion.\u00a0Some of those facts may have shed a different light on this case.Lessons Learned\u2026Don\u2019t overstate the facts.Do not file a Change of Custody motion prematurely. Do so only when the facts support a change pursuant to Michigan law.Even if your situation supports a change of custody, you cannot afford a technical error, and you are better protected from technical errors when you are represented by competent counsel.\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tIf you are considering a Motion for Change of Custody, give us a call at\u00a0(616) 285-0808. We\u2019ve handled parental alienation cases since 1998, and we will gladly have a conversation with you about your options."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.kraayeveld.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Lessons to Be Learned From a Change of Custody That Went Wrong","item":"https:\/\/www.kraayeveld.com\/blog\/lessons-to-be-learned-from-a-change-of-custody-that-went-wrong\/#breadcrumbitem"}]}]