Legal Question in Family Law in Michigan

Change In Custody

I have shared joint custody and equal parenting time with the mother of my 9 yr old daughter since separating in 1999. 2 years ago her mother moved 400 miles away, but remains in the State. The move has caused me to only see my daughter on holidays (christmas and summer vacation).

Recently I became aware that my daughters mother was charged with a felony (bank fraud) and was incarcerated. I was not made aware of her being away until after she was released. She had my daughter lie to me.

After delving further, I have found out that she has spent other times incarcerated and away in ''treatment'' for drug and alcohol abuse. The bank fraud charges were ''after'' any kind of treatment.

I have filed for full custody of my daughter stating that my home would be a more suitable and stable home for her.

Does the court look favorably on father's having custody if they are not remarried? Will her charges prove that the environment is not safe nor stable for my daughter?

Any info you can provide will be greatly appreciated!! Thank you in advance!


Asked on 9/27/03, 11:45 pm

2 Answers from Attorneys
John C. Talpos Talpos & Arnold

Re: Change In Custody

Hello, I have received a copy of your posting regarding custody of your child. While a remarriage may assist you in being able to provide for supervision of your child, it is not essential. Think of what you will do toprovide supervision for your child while you are at work. Is it reasonable? That is what counts.

There are many factors listed in the child Custody Act that the Friend of the Court must review in making a recommendation. I suggest you consult an attorney and review those factors in your case. Feel free to cal meif you need additional information. John C. Talpos (http://www.Mich-Lawyer.com) (248) 743-6800

Read more
Answered on 10/03/03, 5:09 pm
William Stern William Stern, P.C.

Re: Change In Custody

You stand a good chance. You need someone to be around if you are working. That is a probblem many times. Get good quality witnesses in your behalf. Bill Stern 248-353-9400

Read more
Answered on 10/05/03, 12:32 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Michigan