20250307
Mich. Ct. App.Mar 7, 2025Background
- The Department of Health and Human Services (DHHS) investigated Amy Lynn Burbary (mother) for methamphetamine use, exposing her autistic son LAB to risk, evidence of drug paraphernalia in the home, and domestic violence.
- DHHS removed LAB from Burbary’s care in April 2023, placing him with Steven Thomas Amrhein (father), who was not initially a party to the proceeding.
- The trial court exercised jurisdiction over LAB based on Burbary’s admittance to drug use and domestic violence, and ordered her into a comprehensive parent-agency treatment plan (PATP).
- Burbary failed to complete court-ordered services; she relapsed, missed parenting time, and did not participate in LAB’s education or therapies. Drug tests remained positive.
- The father sought modification to sole legal and physical custody. The trial court granted custody to the father and reserved mother’s visitation, leading to this appeal.
Issues
| Issue | Burbary’s Argument | Amrhein’s Argument | Held |
|---|---|---|---|
| Granting custody without record of all best-interest factors | Trial court erred by not addressing all MCL 722.23 factors on record | Evidence supports custody change; LAB better off with father | Sufficient factual findings made; affirm custody to father |
| Finding change of circumstances | -- | LAB removed due to DHHS action against mother | Change of circumstances established |
| Established custodial environment determination | -- | LAB has stable, established home with father | Custodial environment exists with father |
| Application of applicable burden of proof | -- | -- | Preponderance standard applied correctly |
Key Cases Cited
- In re AP, 283 Mich. App. 574 (Mich. Ct. App. 2009) (defining change of circumstances in custody modifications)
- Bofysil v. Bofysil, 332 Mich. App. 232 (Mich. Ct. App. 2020) (established custodial environment analysis)
- Pennington v. Pennington, 329 Mich. App. 562 (Mich. Ct. App. 2019) (reopening custody on proper cause or change of circumstances)
- Merecki v. Merecki, 336 Mich. App. 639 (Mich. Ct. App. 2021) (explaining standards of review in custody matters)