The trial court properly denied the plaintiff-father’s request for joint legal custody because his allegations did not meet the threshold requirement established by Vodvarka v Grasmeyer to allow further inquiry into whether the prior custody order should be modified.

The trial court erroneously referred this custody case to the Friend of the Court without first determining whether there was proper cause or a change in circumstances that necessitated a review of custody and parenting time, the Michigan Court of Appeals has ruled.

The trial court in this custody matter improperly refused to hold an evidentiary hearing on the plaintiff-mother’s request to modify custody and parenting time, the Michigan Court of Appeals has ruled.

In D’itri v Bollinger, the mother of the child filed a motion to change custody claiming there was a change in circumstances in the child’s living situation.

The Court of Appeals in Frowner v Smith, addressed whether a parent has to satisfy the Vodvarka threshold to change custody from a third party custodian.