Thomas Henry Leagon v. Eileen Carol Leagon, 334922

Background

Parents divorced; defendant (mother) has been primary physical custodian of two daughters since separation and per consent divorce judgment. Plaintiff (father) moved to Michigan; defendant later moved with children from China to New Jersey for work.
Plaintiff filed a motion to change custody and sought attorney fees; trial court denied custody change and denied fees.
Trial court found an established custodial environment with defendant; modification would require clear and convincing evidence.
At evidentiary hearing, court evaluated several MCL 722.23 best‑interest factors (d, f, g, j) and made credibility determinations favoring defendant on those factors or finding them neutral.
Plaintiff argued the court’s findings on the four factors were against the great weight of the evidence and that he was entitled to attorney fees under MCR 3.206(C), MCL 552.13, and MCL 722.1311; trial court rejected those claims.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether findings on MCL 722.23(f) (moral fitness) were against the great weight of the evidence	Father argued his prior conduct was old, rehabilitated, and should not defeat him; he alleged mother had moral transgressions too	Mother argued father’s extra‑marital affair, DWI charge, phone‑tracking, email access, and inconsistent testimony harmed his moral fitness; she denied alleged misconduct toward children	Court affirmed trial court: findings for factor (f) not against great weight; credibility findings favored mother
Whether findings on MCL 722.23(d) (stability/continuity) were against the great weight of the evidence	Father argued mother uprooted children from Michigan and relocated them twice; his Michigan home is more stable	Mother and record showed children lived with her as primary custodian since separation, residence history included China and then New Jersey, children established ties in NJ	Court affirmed: factor (d) favored mother given custody history and children’s present environment
Whether findings on MCL 722.23(g) (physical/mental health) were against the great weight of the evidence	Father argued his health does not impair parenting and he can travel for parenting time	Mother pointed to father’s multiple medical conditions, medications, disability income, and past mental‑health concerns; she is generally healthy	Court affirmed: factor (g) favored mother; evidence supported inference health could affect parenting
Whether findings on MCL 722.23(j) (willingness to facilitate relationship) were against the great weight of the evidence	Father asserted mother discouraged contact, spied on calls, punished child for Skyping, and told child father was alcoholic	Mother testified she encourages contact, praises father, never prevented communication, and even provided additional parenting time beyond court order	Court affirmed: trial court credited mother; factor (j) found neutral and not against great weight
Whether trial court abused discretion by denying attorney fees (MCR 3.206, MCL 552.13, MCL 722.1311)	Father argued disparate incomes and alleged mother’s noncompliance (trip to Philippines) justified fee award; invoked UCCJEA provision	Mother had higher income but larger outstanding attorney‑fee balance and other debts; court found father failed to show inability to pay or causal link between mother’s conduct and his fees	Court affirmed denial: trial court reasonably found plaintiff did not meet MCR 3.206(C)(2)(a) or (b) standards and was not prevailing party under MCL 722.1311

Key Cases Cited

Kubicki v. Sharpe, 306 Mich. App. 525 (standard of review for custody: factual, discretionary, legal)
Mitchell v. Mitchell, 296 Mich. App. 513 (great‑weight‑of‑evidence standard and appellant obligations)
Shann v. Shann, 293 Mich. App. 302 (deference to trial court credibility findings)
Kessler v. Kessler, 295 Mich. App. 54 (continuity under factor (d) where children had only known one home)
Berger v. Berger, 277 Mich. App. 700 (scope of moral‑fitness inquiry under factor (f))