Legal Question in Family Law in Michigan
Custody
My husband would like to get custody of his child who is 9 yrs. old. She has expressed that she would like to live with us. Mother is innappropiate dyes her hair, takes her to concerts (Aaron Carter) the mother has several men living in the home with her along with their children to. Mother neglects to take her to the eye doctor or any doctor, or dentist at that. We tried to take her to the doctor and mother says no. She also does not send appropiate clothing for her to wear - we buy her clothes she takes them home and they never and I mean never come back. Mother has taken her to Casino hotels. The school sends home notes to have her eyes checked and she won't take her - I made her an appointment mom says no that she will get her eys checked. That has been 2 months now. Do we stand a chance to get her, should I hire a lawyer? Some people say no don't bother you won't get her so save your money.
3 Answers from Attorneys
Re: Custody
To change custody, you would have to show more than it is in the best interests of the child, although that is necessary, too. You must show that it is a bad environment for the child, a very difficult task. However, with the proper facts, the case can be won. It is basically a trial and takes a lot of work. You should hire a very competent, family law attorney in order to succeed. Otherwise, you are wasting your time. If you wish to discuss this, give me a call at 248-353-9400.
Re: Custody
the changing of the custodial enviroment is not a simple task, however if it is in the best interest of the child it can be accomplished. You failed to state what fathers parenting time is? It may be relevant. The issues you have listed with mothers parenting abilities range from the very important to some of very little importance. In regards to issues relating to the health of the child, that is seen as very significant by the courts, I would suggest pursuing that avenue. For a more detailed answer please give me 248-258-0800 a call at my office or e-mail
Re: Custody
It appears that the custodial parent might be neglecting the health and welfare of the child. If this is so you might want to contact Child Protective Services in your county. They would conduct an investigation and if abuse or neglect is substantiated they may file a petition in Family Court Juvenile Division. If the situation warrants the court will take temporary wardship and may place the child in your home until the custodial parent is in substantial compliance with a parent agency agreement. If the custodial parent does not make progress on the parent agency agreement her rights could be terminated. You could achieve a change in custiody this route without having to spend a considerable amount of money on an attorney. I would recommend that you retain an attorney if indeed a petition is filed by CPS. If you are unable to afford to retain an attorney the court will provide you with a court appointed attorney. Good luck.
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