Child custody; Motion to modify custody; Proper cause or change of circumstances; Vodvarka v Grasmeyer; Lack of an evidentiary hearing; Killingbeck v Killingbeck; Credibility; Children’s Protective Services (CPS) investigation; Co-parenting counselor dispute

The court held that defendant-mother failed to establish proper cause or a change of circumstances warranting reconsideration of custody. Plaintiff-father had sole legal and physical custody. The mother filed emergency motions alleging neglect and abuse, but CPS could not corroborate or substantiate the allegations, and the trial court found she had attempted to manipulate it and the child. After a co-parenting counselor later sent a letter stating she believed the father was not credible, the mother moved for sole custody. On appeal, the court held that the counselor’s letter was not proper cause because it merely expressed the counselor’s opinion that the mother was more credible on allegations the trial court had already considered and rejected. It also held that the letter did not show a change of circumstances because it did not identify materially changed conditions since the last custody order. Because the threshold showing was not met, the trial court did not err by denying the motion without an evidentiary hearing. Affirmed.