Michigan Compiled Laws
Mich. Comp. Laws § 722.28 (2026)
Child custody disputes; appeal, grounds.
✓ current as of July 2026
Find cases:
SyfertCases citing this section
MI-LEGlegislature.mi.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
CHILD CUSTODY ACT OF 1970
Act 91 of 1970
722.28 Child custody disputes; appeal, grounds.
Sec. 8.
To expedite the resolution of a child custody dispute by prompt and final adjudication, all orders and judgments of the circuit court shall be affirmed on appeal unless the trial judge made findings of fact against the great weight of evidence or committed a palpable abuse of discretion or a clear legal error on a major issue.
History: 1970, Act 91, Eff. Apr. 1, 1971
Notes of Decisions
Cited in 440
cases (162 in the last 5 years), 1971–2026 · leading case: Berger v. Berger, 747 N.W.2d 336 (Mich. Ct. App. 2008).
Berger v. Berger, 747 N.W.2d 336 (Mich. Ct. App. 2008). “MCL 722.28; Fletcher v Fletcher, 447 Mich 871, 876-877 (BRICKLEY, J.”
Pierron v. Pierron, 765 N.W.2d 345 (Mich. Ct. App. 2009). “The Pierron children shall remain enrolled in the Grosse Pointe school system until further order of the Court.”
Fletcher v. Fletcher, 526 N.W.2d 889 (Mich. 1994). “[MCL 722.28; MSA 25.312(8).] By its terms, § 8 distinguishes among three types of findings and assigns standards of review to each.”
Pierron v. Pierron, 782 N.W.2d 480 (Mich. 2010). “" MCL 722.28. Under this standard, a reviewing court should not substitute its judgment on questions of fact unless the factual determination "`clearly preponderate[s] in the opposite direction.”
Shulick v. Richards, 729 N.W.2d 533 (Mich. Ct. App. 2007). “MCL 722.28 provides: To expedite the resolution of a child custody dispute by prompt and final adjudication, all orders and judgments of the circuit court shall be affirmed on appeal unless the trial judge made findings of fact against the great weight of evidence or committed a…”
Mitchell v. Mitchell, 823 N.W.2d 153 (Mich. Ct. App. 2012). “Defendant first argues that the trial court did not establish proper cause or a change of circumstances in a separate proceeding before the hearing to modify custody.”
Jason Andrew Griffin v. Rebekah Marie Griffin, 916 N.W.2d 292 (Mich. Ct. App. 2018). “Further, pursuant to MCL 722.28, questions of law in custody cases are reviewed for clear legal error.”
Diez v. Davey, 861 N.W.2d 323 (Mich. Ct. App. 2014). “Apart from these more general criticisms of the trial court’s rulings, plaintiff challenges the trial court’s findings regarding several best interests factors, specifically, factors (b), (d), (f), (h), and (l).”
Sinicropi v. Mazurek, 729 N.W.2d 256 (Mich. Ct. App. 2007). “’ ” Vodvarka v Grasmeyer, 259 Mich App 499, 507 ; 675 NW2d 847 (2003) (citation omitted); Fletcher v Fletcher, 229 Mich App 19, 24 ; 581 NW2d 11 (1998), citing MCL 722.28. In reviewing the findings, this Court defers to the trial court’s determination of credibility.”
Demski v. Petlick, 873 N.W.2d 596 (Mich. Ct. App. 2015). “All orders and judgments of the circuit court regarding child custody and parenting time are to be affirmed unless the trial court made findings of fact against the great weight of the evidence or committed a palpable abuse of discretion or a clear legal error on a major issue.”
Wilkins v. Wilkins, 386 N.W.2d 677 (Mich. Ct. App. 1986). “" MCL 722.28; MSA 25.312(8). Our review of the records indicates that the trial court carefully considered all of the above factors of § 3.”
McIntosh v. McIntosh, 768 N.W.2d 325 (Mich. Ct. App. 2009). “Second, a trial court commits clear legal error under MCL 722.28 when it incorrectly chooses, interprets, or applies the law.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.