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STATE OF MICHIGAN COURT OF APPEALS

FALAH ZORI, Plaintiff-Appellant, v

UNPUBLISHED December 22, 2011

JEANDARC ZORI, Defendant-Appellee.

No. 304153 Oakland Circuit Court Family Division LC No. 2010-768362-DM

Before: SAAD, P.J., and STEPHENS and RONAYNE KRAUSE, JJ. PER CURIAM. Plaintiff appeals as of right from a bench trial resulting in a judgment of divorce involving a custody dispute and a challenge to the distribution of the parties' marital assets and debts. We affirm. Plaintiff argues that the trial court erred in its determination regarding the established custodial environment. Three standards of review apply in child custody cases. McIntosh v McIntosh, 282 Mich App 471, 474; 768 NW2d 325 (2009). This Court must affirm all custody orders unless the trial court's findings of fact were against the great weight of the evidence, the court committed an abuse of discretion, or the court made a clear legal error on a major issue. MCL 722.28; Berger v Berger, 277 Mich App 700, 705; 747 NW2d 336 (2008). Further, this Court should affirm the trial court's findings regarding the existence of an established custodial environment unless the evidence clearly preponderates in the opposite direction. Id. at 705. The trial court's final determination is reviewed for an abuse of discretion in light of the overriding mandate of the child's best interests. McIntosh, 282 Mich App at 475. Further, the trial court abuses its discretion when its decision is so grossly contrary to fact and logic that it evidences perversity of will, defiance of judgment, or the exercise of passion or bias. Berger, 277 Mich App at 705-706. Further, an established custodial environment exists if: over an appreciable time the child naturally looks to the custodian in that environment for guidance, discipline, the necessities of life, and parental comfort. The age of the child, the physical environment, and the inclination of the custodian and the child as to permanency of the relationship shall also be considered. [MCL 722.27(1)(c).] -1-

"An established custodial environment is one of significant duration in which a parent provides care, discipline, love, guidance, and attention that is appropriate to the age and individual needs of the child." Berger, 277 Mich App at 706. If an established custodial environment exists with one parent or with both parents, a trial court may not change the custodial environment unless there is clear and convincing evidence that a change in the custodial environment is in the child's best interests. MCL 722.27(1)(c); In re AP, 283 Mich App 574, 601-602; 770 NW2d 403 (2009). Plaintiff's argument is that, since February 2010, he has been the primary caretaker of the children and that he has established a custodial environment with the children. Defendant argues that throughout the children's lives plaintiff has been absent, and she has been the primary caretaker. She contends that plaintiff's new and recent involvement in the children's lives is a fa

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