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This information comes directly from the Washtenaw County website which is
"public domain." Except for formatting, no changes have been made to this
material. It is included herein with the specific knowledge of the County
webmaster. Further, as a Washtenaw County Circuit Court writing, this is neither
binding precedent nor governing dictate even on other judges in this specific
county.
Footnote 1: Written by The Honorable Judge John N. Kirkendall, Family Division, Washtenaw
County Trial Court, Ann Arbor, Michigan. The author gratefully acknowledges
contributions from the following lawyers and judges: Craig S. Ross, Esq.,
Washtenaw County Friend of the Court's Office; Norman N. Robbins, Esq., domestic
relations practitioner, author and lecturer; Hon. Bruce A. Newman, Genesee
County Probate Judge; Hon. Joan E. Young, Oakland County Circuit Judge; and
Monika H. Sacks, domestic relations practitioner, author and lecturer. They have
reviewed the chart and suggested additions and improvements. I thank Stuart D.
Lurie, law clerk, who has helped revise the chart since its first publication.
Errors are mine. The chart should be viewed as "evolving", not "finished."
Therefore, the reader's suggestions and comments will be helpful.
Footnote 9:
Bahr v Bahr,
60 Mich. App. 354 (1975). Children 13, 12, and 8 were with non-parent custodians
for 6 years. Father seeks to change custody. Judge spend an hour with children
in chambers. They wished to stay where they were. Judge pointed out children
seemed well adjusted and desirous of remaining in present custodial arrangement
with third parties, but wanted visitation with their father as well. Court
concluded stability would be provided for by leaving children where they were.
In addition, court found that it could engage in a comparison between the
custodial home and the proposed alternative, since the law prior to the Child
Custody Act as reflected in In re Ernst, 373 Mich. 337 (1964) and Rincon v Rincon, 29 Mich. App. 150 (1970) had been changed by the
Child Custody Act.
Footnote 10: Craig Ross has added this useful insight:
"Richard Gardner points out that change is stressful for all humans, and
most stressful for children. Thus, he suggests, changes for children in
a divorce be kept to a minimum. This would include school, presence of
siblings, neighborhoods, etc. This is tempered, of course, by the
child's age and his/her desires. Again, there is a seamlessness and
overlap that is difficult to evaluate by a checklist. Your notion "who
can provide continuity" (or who wants and appreciates this for the
child) is probably good enough."
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