Legal Question in Family Law in Michigan

Before Child Custody Hearing

My husband and I have been married for 3 years, we have two children, a 3 year old and a 1 year old, and about 5 months ago I told him I wanted to be separated. I asked him many times to leave but he refused to. One night we got into an arguement and I went to a freinds house to vent, and he took off with the kids to his parents. He refuses to let me see them and if I go up there he is going to call the cops and call me a tresspasser. My custody hearing isn't until august 18th. He has had them for 10 days and its killing me because before this I have never been away from my kids for longer than one night. Is there anything I can do to see them sooner?


Asked on 7/26/08, 5:39 pm

2 Answers from Attorneys

Re: Before Child Custody Hearing

Have your lawyer ask for an ex parte order.

For more information, go to:

www.MidMichiganDivorce.com

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Answered on 7/26/08, 10:31 pm
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Before Child Custody Hearing

When you or your lawyer requested a hearing or filed paperwork, you should have requested it on an emergency basis, to possibly get the hearing scheduled quicker. You can also request an "ex parte order," whereby the court enters an order WITHOUT or before a hearing, due to the "emergency" situation.

I would suggest calling the court on Monday to see if you can move the hearing sooner, and if not, try submitting an ex parte order which requires your husband to either return the children or allow you X amount of visitation, etc.

If you need a lawyer in your area, contact the State Bar of Michigan referral hotline and starting making some phone calls to lawyers.

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Answered on 7/27/08, 2:34 am


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