Legal Question in Family Law in Michigan
My husband of 3 years and I have a 5 year old child together and in October 2014 my husband had to take a DNA test for a 3 1/2 year old child he had no idea about. In November the results came back he was the father. He explained to friend of court he and his wife had been being harassed by the childs mother on social media and that he hasn't had to deal with friend of the court before so he had no idea about anything to do with this and that he didn't want visitation because she threatened our child and us they said that they would send paperwork in the mail to sign stating he didn't want visitation at this time. He signed it not knowing it was giving the mom sole custody. The mom signed her rights off and placed the child with her aunt and my husband called friend of court asking them why he wasn't given the option first because he had no idea he signed over sole custody and he's paying child support and they told him oh well so he filed a motion to get his daughter and then just recently filed a motion for change of custody. He wants nothing more than to raise his daughter and be in her life he was in shock about finding out about this child and fear of losing the family he had with me and our 5 year old and he thought friend of court would tell him the truth when they said it's just saying he didn't want visitation. Is there anything he can do? We own our house and have a stable loving home and his daughter has been bounced around a lot in her life. Our 5 year old has been in school since he was 2 and is in all kinds of activities. We really would love for her to meet her brother and bond with him and my husband want to bond with his daughter please help we feel helpless because friend of court gives us no help we need guidance as to what we should or need to do!!!!!!!!
1 Answer from Attorneys
You stated he filed a motion for a change in custody. What is the status of the motion? A change of custody motion is a very complicated matter. I need much more information to assess the probability of success. Unfortunately, most of these motions filed without an attorney fail. Feel free to contact me to discuss.