TONI MARIE VODVARKA, Plaintiff-Appellee, v RONALD LEE GRASMEYER, Defendant-Appellant., 259 Mich. App. 499

Summary

The mother filed a paternity complaint against the father. An order was entered establishing the father's paternity and awarding the mother custody. Immediately upon entry of that order, the father filed a petition for custody. The mother moved to dismiss, arguing the father did not establish the necessary prerequisites of either proper cause or a change of circumstances to review custody under Mich. Comp. Laws § 722.27(1). The trial court dismissed the father's petition, and he appealed. The court determined that the unusual circumstance of the case, where the father's petition for change of custody was filed the same day that the initial custody order was entered, permitted consideration of circumstances that occurred before the entry of the initial order to determine if changed circumstances existed. The unique procedural circumstances involved had deprived the father of the opportunity to inform the court of the facts existing prior to his petition for custody. The court also found...