The Relevance of Temporary Child Custody Orders to the Formation of an Established Custodial Environment: A Model Statute for Uniform Application Under Michigan Law
This Note presents a Model Statute that clearly indicates when a court may find that an established custodial environment has arisen out of a temporary custody order. The Model Statute thus clarifies when it is appropriate to apply the clear and convincing evidentiary standard to situations involving temporary child custody orders. Part I of this Note describes the court’s use of temporary custody orders to determine whether an established custodial environment exists. Part II sets forth the Model Statute, which integrates current case law into statutory language designed specifically for temporary custody situations. Part II also analyzes each section of the Model Statute, presenting the case law that guides each provision and discussing the advantages that the Model Statute provides over the existing law.