Motion for Change in Custody in the Circuit Court for the County of Kent

STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF KENT
FAMILY DIVISION
_________________________
(NAME),
Plaintiff, Hon. (Judge’s Name)
vs. Case No.
(NAME), (TITLE OF THE MOTION)
Defendant.
_________________________________/
(Your Name)
(Your Firm Name)
(Attorney for Defendant or Plaintiff)
(Address/Phone, etc.)
________________________________/
Now Comes (The Defendant or The Plaintiff), (Your client’s name), by (his/her)
attorney, (Your name), and for his Motion (Title of the Motion), states as follows:
I. FACTS
1. Julia and Mark were divorced in January 2015 whereby the custody of their only son Ellis was
given to Julia. He was providing a maintenance to the plaintiff, Julia an amount of $10,000 per
month for 5 years and $5000 for child support.
2. Upon such judgment, Mark was aggrieved and wanted to gain the custody of their child back.
3. the defendant, Mark could have custody only in every alternative weekend and one night in a
week during the school year and alternative weeks during the vacations and in summer.
4. Julia admitted that she was having an affair with a married neighbor when the marriage
between Mark and Julia subsisted.
5. Ellis was getting distracted at school of which Mark was very concerned but Julia did not take
much heed.
6. Julia engaged in secret conversations while Ellis was busy. This makes Mark think that Julia
was not a quintessential role model for their child.
7. Ellis himself told his father that he wanted to reside with him and not Julia because she
prevented him from taking meat and wanted him to be very conscious about his health.

8. All of Mark’s saving is now over. The divorce had affected him badly and he had lost his job.
His income was decreased from $350,000 to $45,000.
II. Law
CHANGE IN CUSTODY
After the judgment was passed there were several alterations that took place:
9. The performance of Ellis in school was not up to the mark. He was distracted easily. He often
talks without justification and leaves the class without the consent of the teacher. The school
suspected Ellis of having Attention Deficit Hyperactivity Disorder (ADHD). Mark was very
concerned about Julia did not pay much heed to it. Mark wants Ellis to be examined and in case
he is not diagnosed he would take Ellis to a child therapist for his betterment.
10. Ellis was deteriorating in the class grades. He received ‘unacceptable grades’ in math,
English and physical education. Mark claimed that he could devote more time to a=Ellis as
compared to Julia so that he could improve in the studies.
11. Ellis did not desire to live with Julia any longer since she prohibited to consume meat and
compelled him to do yoga. Mark pleaded to Julia for the custody of Ellis by telling her
everything but she did not respond to it.
12. Ellis had wanted to participate in tackle football sport in school. Julia signed was for it,
thinking it would be a ventilation of his energy. But Mark, after a research was under the
impression that it would be a rough activity and could lead to permanent injuries upon his body
and brain. Julia signed without seeking the consent of Mark.
In support of the defendant’s claim Julia purposely signed such an agreement to win back the
child’s preference towards her because Ellis wanted to live with Mark. She did not bother about
Ellis’ health.
III. ARGUMENT
SUPPORT FROM THE SPOUSE
13. The maintenance was decided when Mark earned $350,000 while Julia earned $10,000.
14. it was expected that he would earn more due to the expected partnership in the Accounting
Firm. Julia was doing her master degree in 3 years and after 2 years from then she would get
hold of a permanent job. Because of this, she would be able to maintain herself and she would
not need much of the spousal support that she received.