Legal Question in Family Law in Michigan

bio-mom arrested for Domestic assault

My step sons mother and her boyfriend were recently arrested for Domestic violence. The charges were dropped against her, but this was her third arrest for dv. My husband obtained and ex parte order for custody and they go to court next week. During the last week of her parenting time, when the assault occured, bio mom left her son with the abusive boyfriend for the majority of the week, after the assault had taken place. Not sure how the arrest will effect the custody situation, seeing that she had the charges dismissed (the boyfriend took all the blame). Isn't it equally ''bad'' that she left her son in the care of her abuser while she was available to exercise her parenting time? and how do you think a judge will respond to this situation. Like I said, this is her third arrest for dv, 1st one was when she was 17, the 2nd was against my husband, and now this one. She was convicted on the first offense, plead down to disturbing the peace on the second and now the charges have been dropped on the third, even though there was physical evidence that she was the one doing the hitting. Her boyfriend said that it ws self defence on her part because he knew that this would affect the custody situation. Any advice?


Asked on 11/03/05, 8:40 am

2 Answers from Attorneys
Blake Lipman Law Office of Blake P. Lipman

Re: bio-mom arrested for Domestic assault

Yes, I would imagine the situation would have a bearing on the custody and parenting time. The court/FOC should be advised of all events. This is not to say that the judge or referee will make the correct decision. If you don't have an attorney, GET ONE! It should be made very clear that the mother is an unfit/marginal parent. For more info., please contact my office at my phone number on the Lawguru website.

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Answered on 11/03/05, 11:18 am
William Stern William Stern, P.C.

Re: bio-mom arrested for Domestic assault

It sounds like you're in pretty good shape to have custody changed. Just having that guy around is probably enough. Remember, you have the burden of proof so you must establish the entire scene is not a good place for a kid to be. William S. Stern

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Answered on 11/03/05, 6:09 pm


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