Legal Question in Family Law in Michigan

keeping custody with protective service involvement

I recently filed a complaint with protective services against my husband for suspected child abuse. I left our home and my son and I are currently residing in a women's shelter. After leaving, my husband called the police and reported me missing with our son and dangerous (I am diagnosed bi-polar and have been hospitalized). The investigation into my allegations against my husband is still ongoing and my son is still in my care. The shelter keeps daily records of my actions and my son's and these can be reported to Child protective services to my benefit.

My parents would like me to move in with them. Would it be to my benefit to continue staying in the shelter? I would like to move back with my parents but I am concerned that CPS would take my son without that supervision. Would I be in danger of losing my son if I leave the shelter?


Asked on 6/28/03, 4:58 pm

2 Answers from Attorneys
William Stern William Stern, P.C.

Re: keeping custody with protective service involvement

In my humble opinion, you are actually taking a bigger risk remaining in the shelter than if you moved in with your parents. Ask your this question. If your husband challenged your fitness as a parent based upon your bipolar diagnosis and what is in the best interests of the child......compare life living with wholesome grandparents and the mother under one roof where everything, including a stable environment is provided versus living in a shelter......I think the answer is clear. Move in with the grandparents. File for divorce and request supervised or no visitation for the father. Bill Stern 248-353-9400

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Answered on 7/01/03, 9:02 pm
Regina Mullen Legal Data Services, PLC

Re: keeping custody with protective service involvement

You need to co-ordinate this with the shelter, they will best know what the ramifications of moving are.

You are certainly not a prisoner in the shelter, and there should be no problem moving (again, check with the shelter), unless there is some reason you should NOT move in with your parents (for example, if they were chid abusers themselves).

Your best bet is to get some of the free legal counsel usually offered at Michigan shelters, and go from there.

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Answered on 6/28/03, 5:14 pm


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