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STATE OF MICHIGAN COURT OF APPEALS

KARTER LANDON, Plaintiff-Appellant, V

UNPUBLISHED December 21, 2010

CARLA SHELTON, Defendant-Appellee.

No. 297064 Genesee Circuit Court Family Division LC No. 07-278940-DP

Before: MARKEY, P.J., AND WILDER AND STEPHENS, JJ. PER CURIAM. Plaintiff appeals as of right an order of the circuit court that adopted the recommendation of the referee, which granted defendant sole legal and physical custody of their son, Noah. We vacate and remand. I. CHILD CUSTODY Plaintiff argues that the trial court erred when it adopted the referee's recommendation, which granted sole legal and physical custody to defendant. We agree. All custody orders must be affirmed on appeal unless the trial court's findings were against the great weight of the evidence, the court committed a palpable abuse of discretion, or the court made a clear legal error on a major issue. MCL 722.28; Pierron v Pierron, 486 Mich 81, 85; 782 NW2d 480 (2010). A trial court's findings regarding the existence of an established custodial environment and with respect to each factor regarding the best interest of a child should be affirmed unless the evidence clearly preponderates in the opposite direction. Berger v Berger, 277 Mich App 700, 705; 747 NW2d 336 (2008). A trial court's discretionary rulings, such as to whom to award custody, are reviewed for an abuse of discretion. Id. "An abuse of discretion occurs when the decision results in an outcome falling outside the principled range of outcomes." Woodard v Custer, 476 Mich 545, 557; 719 NW2d 842 (2006). The Child Custody Act of 1970, MCL 722.21 et seq., governs child custody disputes between parents, agencies, or third parties. Berger, 277 Mich App at 705. The purpose of the Act is to promote the best interests of children. Harvey v Harvey, 470 Mich 186, 192; 680 NW2d 835 (2004). However, before the best interest of a child is examined, a court must determine whether an established custodial environment exists. Brausch v Brausch, 283 Mich App 339, 356 n 7; 770 NW2d 77 (2009). -1-

A. ESTABLISHED CUSTODIAL ENVIRONMENT 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).] In other words, "[a]n 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. It is both a physical and a psychological environment that fosters a relationship between custodian and child and is marked by security, stability, and permanence." Berger, 277 Mich App at 706. Here, the trial court found that an established custodial environment existed solely with defendant: The child has lived with Defendant his entire life. For the approximately 2 and

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