Legal Question in Family Law in Michigan

Grandson want to stay with father.

11 yr old Grandson told me his mother is forcing to stay with his uncle in Detroit, against his will. Divorced mother of 3, 2 girls and 1 boy, she has told me in the past she wants him out of the house, stating she can't do anything with him. I told her he could stay with me, but wasn't willing to have him with me. The mother and my son have a hard time communicating. She has full custody, my son pays child support and does have visitation rights, which she limits. My grandson told me, he was with his uncle for 2 months and would have to return, and he said he doesn't want to go. My son just found out, she's doesn't want him in her home. Can she give custody to the uncle, and pay the uncle the child support money to keep him without the fathers knowledge? Based on what my grandson is telling me. Does my son have a good chance of getting custody of his son? Grandson would rather be with his father.


Asked on 8/10/08, 10:43 pm

1 Answer from Attorneys
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Grandson want to stay with father.

Your son, as the child's father has the ability to petition the court for a modification of custody. There are two parents involved, if mom wants Uncle to have custody, she needs to petition for guardianship, and your son would need to be properly served. Based on the limited facts, I have no idea if your son has a good chance of getting custody, but assuming your son doesn't have any skeletons in his closet (ie drug use, violent crimes, etc) that could come out and make him seem like an unfit parent, his rights should trump the rights of an uncle. Your son should contact a family law attorney right away. With school starting up soon it would be better to get this dealt with as soon as possible.

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Answered on 8/11/08, 2:03 pm


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