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eBook details

• Title: Fletcher v. Fletcher
• Author : Michigan Court of Appeals
• Release Date : January 24, 1998
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

This, defendant's appeal as of right from the trial court's order granting plaintiff physical custody of the parties' three minor children, is the latest leg of a six-year custody marathon in which these parties have made legal history in this state. It remains to be seen whether history will also record that they were as faithful to and as invested in their parental duties as they have been devoted to conducting their internecine legal war of attrition. For the reasons stated below, we affirm the trial court's award of custody to plaintiff. I. Factual and Procedural History A. ""Fletcher I"" The parties were married in 1975. Plaintiff filed for divorce in 1990. In December 1991, after considering the statutory factors for determining the best interests of the children, the trial court issued an opinion and order granting physical custody of the parties' children to plaintiff. Defendant appealed that order to this Court, which concluded that the trial court erred with regard to factors (b), (e), and (f) of § 3 of the Child Custody Act, MCL 722.23; MSA 25.312(3). Fletcher v Fletcher, 200 Mich App 505, 513-518; 504 NW2d 684 (1993). 1 Applying a de novo standard of review, this Court found that the parties were equal on all factors except factor (i), which favored defendant, and reversed the order and awarded physical custody to defendant. Id. at 518-519.

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