Legal Question in Family Law in Michigan
Daughter afraid of intoxicated father
My ex-husband is an alcoholic and get's intoxicated around my children during his parenting time. Which results in verbal abuse. My 11 year old does not want to see him anymore. At what age can she petition to not see him anymore?
1 Answer from Attorneys
Re: Daughter afraid of intoxicated father
You would have to petition the court requesting a change in visitation or that he only be allowed supervised visitation, outlining your reasons why. If the court determines this is a juvenile matter - based on accusations of abuse - they conduct an investigation through CPS and DHS, and will appoint a lawyer to act in her best interests - which is handled in the juvenile court (versus a situation where it is circuit court and you are requesting a change in visitation). It is up to the prosecutor/court/CPS, etc. to determine which situations warrant an abuse/neglect proceeding or investigation, versus just a visitation (civil) matter.
Your daughter is old enough where the judge would definitely take into consideration her comments and wishes in this matter - and what she says will weigh very heavily in the court's decision. Should CPS get involved, they will interview her privately before making any recommendation to the Court.
Good luck.