Legal Question in Family Law in Michigan
Child Custody before Divorce, during Seperation
About March/April, my wife (seperated since November 2001) was subject to a Child Protective Services investigation for the condition of her apartment. Rather than have the kids taken from her, she sent them to me.
I allowed the little one to stay with the her parents on an extended visit. The agreement was that whenever I wanted him, all I had to do was call and ask for him to be brought home.
The Grandparents, and my wife, would not bring my son to me. Instead they came and demanded that I hand over the oldest boy. The police said they could do nothing without a court order.
Now, she plans on using FIA papers to ''prove'' that she has custody of the kids. But there has never been any type of custody decisions other than the ones my wife and I made.
She wants to take back both kids, but I've been giving them sole support and care since March. She has not tried to help(has not spent any time at all unless I drove the kids to her so that they could see her).
What are my options?
2 Answers from Attorneys
Re: Child Custody before Divorce, during Seperation
Greetings; This is one of those situations where you are in need of an experienced divorce attorney. You obviously need to obtain a custody order which specifies who gets the kids and when. The longer you delay in taking action the weaker your case will become. Good luck. Atty. Trichler; www.trichler.com
Re: Child Custody before Divorce, during Seperation
Hello, I have received a copy of your custody question. Your best bet is to file either a divorce action or a custody action in which you seek custody of one or both of your children. You must be able to show that it is in the best interest of your children that you receive custody. There are a number of factors that the Friend of the Court and the Judge must look at in making that decision. I urge you to see an attorney who is experienced in these matters. If you need further information on how to find such an attorney feel free to give me a call. Good Luck! John C. Talpos (http://www.Mich-Lawyer.com)
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