Shann v. Shann, 293 Mich. App. 302

Cary Wenzel (formerly Shann) had sole physical custody of her minor son after divorce.
Shann moved to modify custody following accusations that Cary’s husband (Jeremy Wenzel) sexually abused his stepdaughter.
Cary did not inform Shann of the allegations; CPS reportedly advised there was no need to notify him.
CPS eventually removed the child from the home; CPS investigation and related charges were dismissed after the eldest daughter recanted.
Trial court found Shann, CPS worker Watley-Thomas, two of Jeremy Wenzel’s daughters, and the minor son’s babysitter credible; Cary and Jeremy Wenzel’s eldest daughter were not credible.
The trial court determined an established custodial environment did not favor changing custody absent a substantial best interests showing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Proper cause or change in circumstances to revisit custody	Shann argues CPS action and untruthful testimony show proper cause.	Wenzel argues CPS action was not a valid basis for change.	Change of custody due to change in circumstances sustained.
Best interests with established custodial environment	Shann contends the trial court correctly found factors favoring modification.	Wenzel contends trial court erred in credibility-based determinations.	Trial court’s best-interests finding affirmed; credibility deference upheld.

Thompson v Thompson, 261 Mich App 353; 683 NW2d 250 (2004) (2004) (cadence for credibility and deference in custody appeals)
McIntosh v McIntosh, 282 Mich App 471; 768 NW2d 325 (2009) (2009) (refuses to disturb trial court credibility assessments in custody)
Rossow v Aranda, 206 Mich App 456; 522 NW2d 874 (1994) (1994) (supports evaluating statutory best-interest factors)
Vodvarka v Grasmeyer, 259 Mich App 499; 675 NW2d 847 (2003) (2003) (defines proper cause and change in circumstances test)
Foskett v Foskett, 247 Mich App 1; 634 NW2d 363 (2001) (2001) (context on best interests factors and custody considerations)