Opinion
362014
12-18-2023
Angela Young v. Bethel Young
LC No. 19-014088-DM
Noah P. Hood Presiding Judge Kathleen Jansen Kirsten Frank Kelly Judges
ORDER
This Court's December 22, 2022 opinion and order vacated the order denying plaintiff-appellant's motion for sole legal custody and remanded this case for the trial court to address whether proper cause or a change in circumstances exists to allow the court to revisit the issue of legal custody. This Court's opinion and order also vacated the order denying the motion for change of domicile and remanded this case to the trial court to make further findings regarding the factors enumerated in MCL 722.31(4). Further, this Court instructed the trial court to address potential disqualification or disclosure issues.
On remand, the original trial judge, along with a subsequently-appointed trial judge, were disqualified. A third trial judge was assigned to this matter, and it was this trial judge who decided this matter on remand. Specifically, regarding the motion for sole legal custody, the newly appointed trial judge held that there was not a change of circumstances or proper cause to revisit the prior custody decision. Therefore, the trial judge denied the motion for sole legal custody. Regarding the motion for change of domicile, the trial judge considered each factor set forth in MCL 722.31(4) and held that plaintiff-appellant did not establish by a preponderance of the evidence that the factors supported a change of domicile. Therefore, the trial judge also denied the motion for change of domicile. Satisfied with the trial judge's findings of fact and conclusions of law, we AFFIRM the October 10, 2023 order denying the motion for sole legal custody and motion for change of domicile.
The motion for immediate consideration is treated as a motion to expedite and is DENIED.
This appeal is now CONCLUDED.