Legal Question in Family Law in Michigan

I have legal and physical custody of my 2 children; I want to terminate rights from my ex husband. It goes far back to when they were babies, but recently after being divorced he does not take the resposibility of being a parent. He passes his weekends off when he has other plans that come up, he does not talk to his kids at all during the week, he sees them 4x a month and does not take them one night a week for a few hours as he was suppose too. The girls cry and don't want to go with him, I know they have some fun while they are there and I always talk positively about him. They tell daycare that he is moving so they don't have to see him and also my parents that. He is not involved at all and tries to put that on me... this past weekend he did not like a shirt I sent with my youngest and he wrote on it and lied to both girls in the face that he didn't do it. They come back to me in tears because they think that I am going to be upset at them and then they are unruly at daycare the next day and write on their clothes, have horrible attitudes even to where my provider was going to call me because of how bad they were misbehaving. I just do not believe that it is in their best interest for him to be in their lives... my new husband is the role model and the one to back up the discipline and the one to have to help me bring them back to reality after being with their dad. He also makes plans on the weekends he is suppose to have the girls without telling me and tells me its my problem. His repsonsibilities are not there for his children. Do I have a fight to terminate rights?


Asked on 2/15/11, 8:32 am

1 Answer from Attorneys

Miles Murphy Plachta, Murphy & Associates, P.C.

It would help to get more information from you before I can give you an answer to this question. I would need to see the Judgment of Divorce which would include your parenting time or the final paperwork that each parent was awarded. There are many factors that a Judge will look at in order for this kind of decision to be made. I would be happy to talk with you on the telephone for a free consultation (or you may come in to speak with me). Please call Sherry Simmons, paralegal, to schedule a consultation concerning your specific needs. Please mention you are replying to us through Law Guru for your free consult.

Respectfully,

Miles J. Murphy III

Family Law Attorney

Plachta, Murphy & Associates, P.C.

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Answered on 2/15/11, 9:46 am


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