Legal Question in Family Law in Michigan
I live in the state of Michigan and I have 50/50 joint custody of my 3 year old daughter however one night I was advise that she was cut with a knife by her mother demonstrating how and telling a story more about what was going on, I had contacted the other parent to find out more about what happened however I was only told "she has a vivid imagination" which then lead me to contacting CPS to inquire if I should be concerned or not.
There was a straight linear laceration about 1 inch above our daughters knee. After a face to face interview with CPS I have taken the child to get a medical exam as required by CPS. Statements from our child was given as followed:
1. The CPS reporter was given a statement and watched a recorded video of my child stating what happened.
2. At the hospital my daughter clearly explained that her mother cut her with a knife showing a cutting motion, where I was advised for a follow-up required by CPS.
3. At the follow-up appointment another recorded statement of what happen was presented by my daughter, I was also introduced to a child abuse specialist who recommended contacting CPS to temporary stop custody until the investigation was resolved, and lastly I was given a list of children therapist to take my child.
4. Once I contacted my CPS worker which stated the child did not give a statement so there was no need to stop visitation. (However the statements recorded by the physicians are in my records collected from the hospital)
After the CPS worker determination I found out the case was not supported by a preponderance of evidence. Please help guide me with any information or assistance possible.
Thanks,
Brandon
1 Answer from Attorneys
You can file a motion in circuit court to address these issues. I routinely handle these matters. Feel free to contact me for guidance. I need more Information that should not be addressed on a public forum.