Legal Question in Family Law in Michigan

Domestic Violence

My husband is trying to obtin custody of his son. My stpe-sons mother has several cases of domestic violenc, chlid abuse & neglect, and has been diagnosed with several mental illnesses. The judge we go before has given her custody. We did a background check on the judge and found that the only time he has awarded the father custody was if the mother did not want custody. We belive the judge is being gender bias. Is there anything we can do?


Asked on 1/15/02, 1:21 pm

3 Answers from Attorneys

Geoffrey Lahn Lahn, McDonagh, and Brown, PLLC

Re: Domestic Violence

I am quite concerned about the statements in your question. Michigan has a very clear guidelines that must be followed - there is not enough detail in your question to determine whether a custodial enviroment was established by the mother. Further, I am not clear on whether the custody question is tied to a pending divorce or if your husband is seeking custody post divorce. In any event it sounds as though there may be grounds for an appeal, but I would have to review the file. If you would like to chat do not hesitate to contact me at (734) 944-2269.

Kindest Regards,

Geoff Lahn

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Answered on 1/15/02, 2:53 pm
John C. Talpos Talpos & Arnold

Re: Domestic Violence

Hello, I have received a copy of your e-mail regarding your husband obtaining custody of his son. Michigan is very careful to make sure that the "best interests" of minor children are being observed. In that regard, the Courts must consider domestic violence as a factor against that parent having custody. You should keep in mind, though, that once custody has been established in a certain parent, it takes "clear and convincing" evidence to change that custody. Our office concentrates in domestic matters. Feel free to give my associate, Helene Phillips a call if you wish to discuss our firm representing you. Good Luck, John C. Talpos (http://www.Mich-Lawyer.com)

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Answered on 1/16/02, 12:56 am
William Stern William Stern, P.C.

Re: Domestic Violence

I noticed the reply that you received from John Talpos. It attempted to solicit your business but, as usual, did not really answer your question. The answer to your question is that in Michigan, it is virtually impossible to show sufficient bias to remove a judge from your case. You will therefore be stuck with this particular judge. What you have to focus on is doing a great job of showing that the best interests of the child would require the judge to remove the child from the environment....especially if there is an abuse situation. If the child is of sufficient age, the child's testimony could be very important, even if the judge's act like they downplay such testimony. Have there been any criminal complaints regarding the mother, other than from you and your husband? Because of the importance of this issue, act carefully when choosing a lawyer.

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Answered on 1/16/02, 6:45 am


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