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Established Custodial Environment with Both Parents | A Factual Inquiry

In Landon v Sheldon, a paternity case decided by the Court of Appeals on December 21, 2010, the trial court found that an established custodial environment existed solely with defendant mother. This seriously impacted the father's burden of proof and resulted in a custody award to the mother. Although the mother convinced the trial court that the ECE existed with her alone, the COA disagreed and reversed the trial court?s award of sole custody to Mom. This case is a good example of why lawyers should caution clients to testify with complete candor rather than trying to construe facts in their own favor. A half-truth is still only half true. It is also half false.

Full post as published by Updates in Michigan Family Law on January 18, 2011 (boomark / email).