Child custody; Proper cause or a change of circumstances; MCL 722.27(1)(c); Kessler v Kessler; Established custodial environment (ECE); The statutory best-interest factors; MCL 722.23

The court held that the trial court did not err in addressing all of the best-interest factors before awarding sole physical and legal custody of the parties’ children to their father (Mosley). Mosley sought custody of the children based on the mother’s (Brock) conduct after she drove drunk and attempted suicide. After considering the best-interest factors, the trial court found that awarding Mosley sole physical and legal custody of the children served their best interests. On appeal, the court rejected Brock’s argument that the trial court erred by failing to adequately address all of the best-interest factors before modifying the former custody award and awarding sole physical and legal custody to Mosley. It noted that the trial court correctly found that factors (a)-(d), (f), (g), and (j) weighed in Mosley’s favor. “The trial court did not explicitly refer to factor (e). But, [it] appears to have considered it when it stated that Mosley’s home ‘is a permanent family home where the children’s needs are being met . . . .’” It also “did not consider factor (i), instead finding that ‘[t]he children are of a very young age for the Court to take into account . . . the reasonable preference of the children.’” But any error was harmless. In sum, the “trial court adequately addressed all of the best-interest factors . . . and did not abuse its discretion by awarding Mosley sole physical and legal custody of the children.” Affirmed.