Family Law Case: Motion to Change Custody & End Support Order

This document presents a legal motion filed in the Circuit Court for the County of Kent, Michigan, Family Division, concerning a dispute between Mark and Julia regarding the custody of their son, Ellis, and the termination of spousal support obligations. Mark seeks to regain custody of Ellis, citing concerns about Ellis's well-being under Julia's care, including academic performance, dietary restrictions, and potential health issues. He also argues for the termination of spousal support due to a significant decrease in his income and financial hardship following the divorce. The motion details changes in circumstances since the initial divorce judgment, including Ellis's expressed desire to live with his father, Julia's alleged inattentiveness to Ellis's needs, and Mark's diminished financial capacity. Ultimately, Mark requests the court to grant him physical custody of Ellis, asserting that it would be in the child's best interest. Desklib offers a variety of resources including similar case studies and assignments for students.

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.

15. But Mark went into clinical depression after the divorce which affected his work and he
finally lost his position.
16. Mark lost all his savings and prized possessions and went into a debt of $10,000.
The above reasons indicate that he was no more capable of maintaining Julia.

IV. CONCLUSION
After having read the facts and the preferences of the child, the defendant pleads to the court to
grant the physical custody of Ellis to Mark. it can be concluded that the welfare of Ellis would be
best served under the custody of his father.
Though Mark had been busy in his early life because he was very busy with his work, but he
worked so that he could give a better living to his family.
Mark was very much concerned about the health of Ellis. He wanted to spend more time with
him unlike Julia.
Mark wanted to examine Ellis of the suspected disease of ADHD from school and wanted to
give him the best treatment so that his grades could improve and he could behave normally in
school. Julia was not attentive of Ellis.
Moreover Ellis wanted to stay with his father because he was being prevented to follow his
choice of life by Julia.
The above conditions thus state, that the defendant deserved to have the custody of his child.
Respectfully Submitted,
Date
Attorneys for (Plaintiff/Defendant)
___________ _________
(Your Name)