Barnes v. Barnes

Defendant appeals a denial of his petition for a change in the custody of his three children, currently residing with his former wife, the plaintiff. The present state of the record precludes us from making a determination in this matter.

The trial record is deficient in the findings of fact required by MCLA 722.23; MSA 25.312(3) and GCR 1963, 517.1. Where the best interest of the child is at issue, as it was in this case, the court must "consider, evaluate and determine” all of the factors enumerated in the Child Custody Act, MCLA 722.21 et seq.; MSA 25.312(1) et seq.

Numerous cases involving…