Dempsey v. Dempsey

The defendant’s delayed application for leave to appeal in this divorce case asks us to review the Court of Appeals decision reversing the circuit judge’s award of custody of the parties’ minor children to the defendant. The Court of Appeals concluded that the circuit judge committed a "palpable abuse of discretion” in the weight he afforded to the defendant’s greater economic capacity to provide for the children’s material needs. 96 Mich App 276; 292 NW2d 549 (1980). We agree that that factor was given excessive weight, but conclude that the proper remedy was not to order a change of…