Legal Question in Family Law in Michigan
divorce/separation
My sister is in fear for her and her son's life but is affraid to leave and allow her husband to have any visitaion where she can't protect her son. would a legal separation work for her as to not allow him to have unsupervised visitaion? Or would it be better for her to move out and and only tell him she's visiting family and not to return? our whole family has serious fears that he will hurt both of them and are looking for any help that you can offer. What would be best for her to do since she has medical problems (back injury form work and can't drive) and is worried that a judge will find her physically incapable of taking care of her son, however she does that 365 days a year with VERY minimal help from her husband. If she were to move out she would have unlimited help from our family on a daily basis.
2 Answers from Attorneys
Re: divorce/separation
[lawabby]Your sister is in fear for her life, has strong family support and you're asking what to do...the answer is blindingly simple: get her safe, protect her and then worry about legal ramifications.[/lawabby]
That being said, there are a LOT of ways she can be in a better position than simply being "out on the street."
She can file for divorce, a protective order (only as good as the paper it's written on, really), AND for financial support that can be taken out of the bank account or his pay. Make sure she's not findable, make sure he gets served with the protective order, move the kid to another school, etc.. If she has any access to money, now would be a good time to get it and put it somewhere safe,--if her name is on the account, she's entitled to use it (although it WILL piss him off). So long as it is a reasonable amount and she has no other resources, the judge will probably just balance it out in the end.
If she is without resources contact CALL a telephone service with live attorneys who are well-trained to handle domestic violence and low-income divorce.
They cover most of MI and will be able to provide legal help and help her strategize a safe exit, as well as help with legal documentation. There are also co-operating attorneys who help them on teh hard cases, so ask about that as well, if your family can pitch in on legal fees once CALL gives her some pointers.
You can call with her, so long as she's on the line and can give permission to discuss her issues, which might be a safer thing to do, if the toll-free call would still show up on her phone bill.
Priority 1 is her and the child's safety.
Re: divorce/separation
It sounds as if your sister is in need of a divorce. I understand and appreciate the difficulty in making such a decision especially if their are issues regarding, safety. However, you must take in to account the best interest of you child as well as yourself. It does not sound like a legal separation is in order.
I advise you to recommend to your sister to get her affairs in order (i.e. an understanding of the financial situation of both her and her husband) prior to leaving, and immediately, contact a family law attorney.
If I can be of any further assistance please feel free to contact me directly, 248.220.1538.
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