Wilkins v. Wilkins

The trial court found, solely on the basis of the ages of the children, that the children were of insufficient age to express a preference as to custody.1 In Flaherty v Smith, 87 Mich App 561; 274 NW2d 72 (1978), a panel of this Court held that in a close case it would be "clear legal error on a major issue”, as is contemplated by MCL 722.28; MSA 25.312(8), for the trial court to conclude, solely on the basis of the child’s age, that the child was incapable of expressing a preference as to custody. The implication of that case and of In re Custody of James B, 66 Mich App 133; 238 NW2d 550…