Mcintosh v. Mcintosh

768 N.W.2d 325 (2009)

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Nature of the Case

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Facts

H and W met in the early 1990s when W was H's boss at work. W had a son, Keegan, from a previous relationship. The parties lived together before getting married on October 2, 2004. Their son, Jordan, was born on May 5, 2006. H filed for divorce and moved for an ex parte order awarding him sole legal and physical custody of Jordan. H alleged that because of Keegan's presence in the home, he feared for his and Jordan's safety. The trial court eventually entered a consent order modifying the ex parte order to provide for an equal division of physical custody. Difficulties arose with respect to the parenting time schedule, wherein time exchanges were occurring at the local police station. The trial court referred the case to the Kalamazoo County FOC for a child custody and parenting time evaluation and recommendation. In the final report, it was recommended that the parties continue to share joint legal and physical custody of Jordan. At trial, both H and W requested sole custody. W entered evidence that H had a history of alcohol use and was violent in the home at least once. The court declined to adopt the recommendation of FOC and awarded legal and physical custody to W. H appealed.