Legal Question in Family Law in Michigan

My father has passed drug charges no job and hes currently in jail, he doesnt care if my 12 yr old brothers (twins) attend school or not my one brother does really good in school but his homework doesnt get done because my dad doesnt care and wont help him, my other brother has already been in leagal trouble you can tell they are not getting the attention they need. My mother by court orders can not get my twin brother except every other wkend, she was found not able to take care of them because she has mental problems. Am i able to try to get custody of my twin brothers? Iam getting married in June and already have one child of my own.


Asked on 12/17/10, 10:50 pm

1 Answer from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

All you can do is try. The decision to change the sons' legal guardian is up to the family court. You'd have to demonstrate several things, including the financial ability to support them, a stable and safe household/environment, maturity, responsibility, etc. Assuming your wife supports your desire, this will also help with convincing the court that you would make a better or proper guardian. The court can always appoint you as guardian on a temporary basis, and review the situation after a few months, before appointing you as the permanent guardian. I would strongly suggest retaining a family law lawyer to assist you with your petition, as this is a process that you want to be fully prepared for, and properly present your desires to the court/judge.

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Answered on 1/02/11, 2:23 pm


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