Legal Question in Family Law in Michigan

child custody

My ex husband is making noise about trying to get custody of our children ages 13 & 14. He has been out of their lives almost completely since they were born. He lives out of state and has had minimal contact (his choice) with the kids. I have since remarried, have been with my current husband for 10 yrs now and he basically has raised those children and considers them ''his'', whether or not they are blood. We have had a rocky marriage. He has struggled with drug use (never at home or around the kids) and has done prison time relating to the drugs. He is clean now and still on parole. My ex has made claims that my husband is abusing the kids. Child protective services has been called and they found no basis for the allegations beyond the occasional swat on the butt, etc. I need to know what to do. Are the kids old enough to decide for themselves? What are his chances? Doesn't my ex need to prove me an ''unfit'' mother to gain custody? Can my ex, if he gains custody, grant guardianship to someone else?


Asked on 11/20/08, 11:48 am

1 Answer from Attorneys
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: child custody

I'd recommend consulting with an attorney about this as soon as possible. It might be unlikely that he would get custody, but if he decides to petition for custody you want to be prepared for anything that he might use to try to obtain custody.

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Answered on 11/25/08, 3:31 pm


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