Legal Question in Family Law in Michigan
foc help
My ex hasn't seen our children in over a year and had 3 years of on and off supervised visitations before that. I got a letter Saturday that his mother sent my lawyer which stated they were going to try to get the visitations reinstated again. He either voluntarily gave up of the court took away the visitations on each of the 3 occations he was given them back before and his mother has never seen or met either child. Is there a way and how would I ask correctly for the judge to take away his visitation rites tomorrow at the hearing so the kids don't have to be drug back through the visitations again. Am I correct in my belief that his mother should not have rites since she never has met them and had no prior relationship whatsoever? The children are 5 and 10 years old and we have been divorced since the first was a year old and separated shortly after his birth. Thanks and I would certainly appreciate knowing just to put my mind at better ease. I have sole physical custody of both children and have for over 4 years.
3 Answers from Attorneys
Re: foc help
You should try to with you an outline of everything that has happened in the case and the dates. You should remind the FOC that the man simply has NOT lived up to his responsibilities, and that you feel that immediate full visitation rights in NOT in the best interest of your children.
You have to appear reasonable and so I would suggest asking for limited weekly supervised visitation. If he can keep that up for a year, then you would consider allowing him more. be prepared to fight this one, rather than give in, if you feel strongly about it.
And, no, grandparents don't have independent rights to visitation. If she wants to see the kids, she can come to his supervised visitation.
You are represented by counsel, so you should have a good discussion with yoru lawyer about this before the hearing. It's a bit late to start plotting your strategy. Good luck!
Re: foc help
Obviously, he is going to tell the judge he is a changed person. Any evidence that you have to the contrary would be beneficial. It sounds like his mother is funding his court room antics. The mother wants a relationship with her grandchildren. The father should know what his behavior has cost the entire family. William S. Stern 248-353-9400
Re: foc help
It has been settled in Michigan, grandparents have no standing to claim visitation. Their ability to see their grandchildren is solely through the parents. A parent who has been out of the picture for a long time is certainly at a disadvantage when it comes to visitation, but as to totally terminating visitation, it is unlikely that a judge will completely eliminate visitation. Rather, visitation would be crafted to ease the children back into a visitation routine. Perhaps, supervised visitation, parenting classes, etc. may be ordered. For more info., pleas contact me at (248)851-3171.
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