McKimmy v. Melling
291 Mich. App. 577
| Mich. Ct. App. | 2011Background
- Parents share joint legal custody; plaintiff has sole physical custody of two boys.
- Plaintiff seeks to change child domicile from Jackson, MI to Minot, ND to be with fiancé.
- Proposed plan would shift extensive summer visitation to defendant and allow remote contact otherwise.
- Trial court denied the move, citing risks to father–child relationship and ages of children (3 and 4).
- Court found potential benefits of relocation outweighed by negative impact on parenting bond; emphasized young ages.
- On appeal, plaintiff argues factor (c) of MCL 722.31(4) was misapplied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether factor (c) was misapplied. | Goes beyond present plan; focuses on preserving bond via feasible schedule. | Current plan favors child's bond; relocation would disrupt relationships. | Remand required; factor (c) misapplied. |
| Adequacy of factor (c) analysis when plans differ. | Proposed schedule can preserve relationship despite not matching current plan. | Court should consider overall feasibility and preservation, not equality with current plan. | Must evaluate if proposed schedule realistically preserves relationship. |
| Scope of review for factual findings under change of domicile. | Trial court erred in factual weight given to ages and technology. | Trial court properly weighed factors and risks to relationship. | Great weight of the evidence standard applied; misapplication affects outcome. |
Key Cases Cited
- Brown v Loveman, 260 Mich. App. 576, 680 N.W.2d 432 (2004) (Mich. App. 2004) (abuse-of-discretion standard for domicile change with factual review)
- Mogle v Scriver, 241 Mich. App. 192, 614 N.W.2d 696 (2000) (Mich. App. 2000) (burden on relocation movant; preservation of parent–child relationship)
- Beason v Beason, 435 Mich. 791, 460 N.W.2d 207 (1990) (Mich. 1990) (great weight of the evidence standard; law-of-the-case considerations)
- Anderson v Anderson, 170 Mich. App. 305, 427 N.W.2d 627 (1988) (Mich. App. 1988) (visitation adequacy; reality of preserving relationship with relocation)
- Rittershaus v Rittershaus, 273 Mich. App. 462, 730 N.W.2d 262 (2007) (Mich. App. 2007) (standard for reviewing factual findings in domestic-relations cases)
- Grew v Knox, 265 Mich. App. 333, 694 N.W.2d 772 (2005) (Mich. App. 2005) (consideration of children's ages; financial feasibility in relocation)