Legal Question in Family Law in Michigan

My children's (girls ages 5&6) father and I went to friend of the court, as I filed motions to get child support increased and parenting time changed. The motions were granted and he is to have supervised (by his parents) visitation on alternating weekends from 7pm Friday-6pm Sunday. I agreed to drive them both ways since he says he doesn't have anyone to come with him to pick them up, so he is ordered to pay an extra $40 for gas in the child support obligation. When I dropped them off his Mother was present and when I picked them up I was 10 minutes late and nobody was present but himself and the children. The children told me they drove up north alone with him and drove back home alone with him, as well as going to McDonalds and I'm sure other places unsupervised. I recorded our conversation on my phone proving that nobody was present when I picked them up, but am not sure if it's legal to submit to the court since he didn't know I was recording. How can I prove to the court that the visits are not being supervised as they should be, and what other options could I ask the court to do about it? (Since this is the whole reason why I am driving them in the first place).. Also he says he is not going to pay the child support and is going back to court to get it changed, so I am afraid I will not be paid for the gas. He also works for his dad's business partner that will more than likely pay him cash or hide part of the money he makes.


Asked on 6/19/14, 9:14 am

1 Answer from Attorneys
Tracy Gaudenzi Torni Gaudenzi Law, PLLC

He is in violation of the court order by virtue of him being alone with the children when you picked them up. The further allegations (up north, McDonalds, etc. etc) you believe to be true. You need to contact an attorney to file a motion to show cause based upon his violations.

If he fails to follow the supervised parenting time, then the court can implement agency supervision or suspend it altogether. It really depends upon why his parenting time is supervised.

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Answered on 6/20/14, 11:46 am


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