Deel v. Deel

Cynar, J.

(dissenting). Although the majority opinion indicates a careful study of the facts and *565the law in this custody contest, I must respectfully dissent.

The trial judge made no explicit finding as to whether a custodial environment was established with Betty Dennis. The trial court did find that factor (d), the length of time the child has lived in a stable, satisfactory environment, and the desirability of continuity, was slightly in favor of Betty Dennis.

The statute, MCL 722.27; MSA 25.312(7) provides:

"The custodial environment of a child is established 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.”

Further the statute provides that:

"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”

in determining whether an established custodial environment exists. The child was six years old at the time of trial and the court specifically found that the child had spent at least the last three years with Betty Dennis. Betty Dennis testified she had cared for little Eddie for five years rather than the almost three years plaintiff-father claimed. Edgar Deel stated Betty Dennis treated little Eddie well, loved him, clothed him, and was a good cook and homemaker. Betty Dennis had cared for the child, supported him and sent him to school. Several witnesses testified that Betty Dennis’s and little Eddie’s relationship was like mother and son and Dr. Cowan testified that little Eddie perceived Betty Dennis as his psychological *566parent. Eddie said he loved his father but wanted to live with his grandmother and visit his father. While Dr. Cowan would not make a definitive recommendation on custody because he had not interviewed all of the parties, he subscribed to the least disruptive alternative theory. That is, he believed a child should not be separated from his psychological parent except for compelling reasons. A custodial environment was established with Betty Dennis.

It is my conclusion that it was established by clear and convincing evidence that the best interests of the child would be served in this case by awarding custody to Betty Dennis, the maternal grandmother. I would reverse for the reasons stated herein.