
    LYONS v LYONS (AFTER REMAND)
    Docket No. 67889.
    Submitted March 8, 1983, at Lansing. —
    Decided August 17, 1983.
    Defendant, Marcia A. Lyons, appealed from a judgment of divorce entered in the Branch Circuit Court in which the trial court, Thomas C. Megargle, J., granted custody of her three minor children to the plaintiff father, Charles C. Lyons, Jr. The Court of Appeals found that the trial court erred in failing to recognize the existence of an established custodial environment. The Court of Appeals vacated the lower court’s judgment, remanded for reconsideration as to whether there was clear and convincing evidence that a change of custody was in the children’s best interest and ordered reconsideration of defendant’s motion for attorney fees. The Court of Appeals retained jurisdiction. 125 Mich App 626 (1983). The trial court then conducted an evidentiary hearing and determined that the evidence was clear and convincing that it would be in the best interests of the children to award custody of them to plaintiff father. The trial court also granted defendant $600 in attorney fees. Following such rehearing, held:
    
    The trial court, on remand, applied the proper evidentiary standard, correctly found clear and convincing evidence that a change in custody would be in the best interests of the children and awarded defendant a proper amount of attorney fees.
    Affirmed.
    Divorce — Child Custody — Appeal.
    The Court of Appeals will affirm a trial court’s determination to order a change of custody in a child custody dispute where the trial court applied the proper evidentiary standard and correctly found clear and convincing evidence that a change in custody would be in the best interests of the child.
    Reference for Points in Headnote
    24 Am Jur 2d, Divorce and Separation § 820.
    
      Kelly & Stevens (by Ralph P. Stevens), for plaintiff.
    
      
      Cherry & Cherry (by Michael H. Cherry), for defendant.
    
      
       Circuit judge, sitting on the Court of Appeals by assignment.
    
   After Remand

Before: M. J. Kelly, P.J., and Gribbs and R. L. Tahvonen, JJ.

M. J. Kelly, P.J.

Defendant mother appealed as of right from the trial court’s grant of custody of the parties’ three minor chidlren to plaintiff father. We found that the trial court erred in failing to recognize the existence of an established custodial environment. See Lyons v Lyons, 125 Mich App 626; 336 NW2d 844 (1983). We therefore vacated the lower court’s judgment and remanded the cause for reconsideration as to whether there was clear and convincing evidence that a change of custody was in the children’s best interest. In addition, we ordered reconsideration of defendant’s motion for attorney fees. We retained jurisdiction.

Upon receipt of our order, the trial court promptly conducted an evidentiary hearing and determined that the evidence was clear and convincing that it would be in the best interests of the children to award custody of them to plaintiff father. In addition, the trial court granted defendant $600 in attorney fees. Following such rehearing, the cause is before us for final determination.

We have reviewed the trial court’s opinion and the lower court record. On remand, the trial court applied the proper evidentiary standard, correctly found clear and convincing evidence that a change in custody would be in the best interests of the children and awarded defendant a proper amount of attorney fees.

Affirmed.  