Legal Question in Family Law in Michigan

My daughter is being abused

My daughter is 15 and living in Michigan with her father, she wants to leave because of abuse. I was under the understanding that his current wife had adopted both my children years ago, but have since found out from my son when he found me it never happened. She is being abused and CPS is not helping her. She wants to move to Florida with me, and if her father finds this out things will get harder for her. We do have joint custody from the divorce, but I haven't seen her in 13 years because I thought the adoption was final. What can I do to help her.


Asked on 7/31/08, 10:23 am

3 Answers from Attorneys
Heather Bendure Bendure & King, PLLC

Re: My daughter is being abused

You can file a Motion for Change in Custody because of the abuse. It would be filed in the Court where your divorce was finalized. That would maybe give you full custody - or you can file a Motion to Enforce the judgment asking for your joint custody, but it doesn't sound like that would get rid of the problem. Good luck. Call me if I can help.

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Answered on 7/31/08, 10:43 am

Re: My daughter is being abused

Your first step MUST be to determine whether an adoption took place. An experienced family law attorney can help you through this very serious problem.

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Answered on 7/31/08, 11:00 am
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: My daughter is being abused

There are a few issues here that need to be researched and addressed by a lawyer, such as confirming whether or not an adoption took place, which will then determine your rights in this case. If there was no adoption, then you still have legal rights as the mother, and you can seek full physical custody of your daughter by filing a motion with the court in the county where your daughter resides. Your daughter is old enough where the court may ask her opinion or want her input as to where she would like to live, and why.

I suggest you hire a lawyer if you live out of state to ensure that this matter is taken care of promptly.

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Answered on 8/03/08, 1:03 am


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