Legal Question in Family Law in Michigan
My grandson well being
My dau and her fiance' are separating and they have a house together, he says he cannot leave until his probation from DUI's (3) is over and the breathalizer is removed from their home in July.She has had to temp. move out of the home staying w/ friends to avoid non-stop arguing and accusations, but has left her son there to sleep at nite,trying to avoid any undo stress for him. Is she ruining her chances of custody and the home by doing this.Do I as her mother have any altern. available to me with regards to my grandson to ensure his well being and safety until this is resolved. The father has a destructive nature on property when he is angered and on meds for such, I dont expect him to endanger my grandson at all. He has locked my daughter out and flattened her tires out of revenge. I need answers fast, please.
1 Answer from Attorneys
Re: My grandson well being
The fact that the fianc� is on probation and the breathalyzer is in his home does not stop a Judge from ordering him to leave. It may affect his probation, but at this point, that probably should not be your daughter�s concern. If your daughter owns the house, she can have him removed. Have her file a petition for a personal protection order, based on him locking her out and flattening her tires.
Custody decisions involve many (13) factors and the child living with the fianc� is only a portion of one of the factors. However, it can make it more difficult for your daughter to argue other factors involving the fianc�. For example, if your daughter plans to argue that the fianc� is not fit to parent the child, she may need to answer why she left her child with an unfit parent.
If you truly believe the child is in danger, you should call your local child protective services agency.
Good luck! :)
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