Child custody; Third-party custody presumption; MCL 722.25; Hunter v Hunter; Guardianship; Child’s best interests; Established custodial environment; Child’s preferences

The court held that clear and convincing evidence rebutted the parental presumption and supported awarding sole custody to third parties was in the child’s best interests. After the child’s father died following years of custody litigation, competing relatives sought guardianship and custody while the mother sought sole custody. The trial court terminated an existing guardianship and awarded sole legal and physical custody to the child’s aunt and uncle after extensive hearings. On appeal, the court held that the trial court properly applied the parental presumption and did not require the mother to prove fitness, explaining that third parties may prevail where all relevant factors, “taken together, clearly and convincingly demonstrate that the child’s best interests require placement with the third person.” The court further held that the trial court’s best-interest findings were supported by the record, including the child’s established custodial environment, lack of contact with the mother, and the child’s expressed preferences. Affirmed.