Legal Question in Family Law in Michigan
Help!!!!
My brothers girlfriend is trying to win back custody of her 12 year old son from his father. She signed him over along time ago to him because of finacial reasons. Not long ago, he held a shot gun to her son's throat and threatened him and the police who arrived. He has a history of mental and violence problems. He did not go to jail, the police instead took him to a pysche ward in which he was released the next day. She is able to care for her son now and is very scared for his safety. She was told by a lawyer that ''Winning back custody, EVEN when his father commited that violent act, will be hard. It is for the rich''. He wanted $1,000 within 2 days just to start it. I would like to know why the court would even allow him to go back with him and why this is so expensive to proove him to be a ''nut''
How could a person cough up that kind of money that quick to win back her son that does may be shot from a mentally disturbed person? Please tell me the system is not that blind. Thank you for your time.
2 Answers from Attorneys
Re: Help!!!!
When custody is first awarded the burden of proof is simply a mere preponderance, a very low standard. After custody has been awarded and a change is sought the standard becomes one of clear and convincing, a much higher burden to overcome. Custody cases usually are expensive. Hourly fees can range from between $100 to in excess of $600. A flat fee of $1000 is very inexpensive.
Based upon the facts as you presented another option might be for the mother to file a report with the MFIA/CPS (Michigan Family Independence Agency/Child Protective Services). If the worker substantiates the danger to the child he/she can then petition the Juvenile Court to make the child a temporary ward of the court and force the father to enter into a parent agency agreement and temporarily place the child in the care of the mother. If the father still poses a risk to his child the mother can then petition for a change of custody which should be easier to obtain as the court had already placed the child in the mother's home. Good luck.
Re: Help!!!!
Greetings; I understand your situation. Unfortunately, you do not understand how our legal system works. The 'state' does not stand ready to intervene or solve these types of problems. Only an individual with proper standing can take action. The system is not 'blind'. It just does not open its eyes unless it is properly asked to do so. A $1,000 retainer is a bargain in this type of case. Most attornies charge 2 - 4 thousand to start a case like this. If $1,000 appears to be a lot of money, (which it is not) maybe you should look into legal aid organizations. Lastly, the attorney gave good advice when he warned that these cases are 'hard'. I agree that they are expensive and in fact may only be for those with 'some' money. I hope things work out for you. Good luck. Atty. Trichler; www.trichler.com
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