Legal Question in Family Law in Michigan
mothers rights
Our granddaughter is in a family wedding. My son and the mother have never married. The mother does have custody of our granddaughter, with visiting priviledges given to our son. The mother is stating she has a legal right to attend this marriage. Due to her violent nature, and the fact that this is a small, immediate family and close friend wedding, she has not been invited. She has now stated if she isn't invited, Marissa can't be in the wedding. Does she have a legal right to be there?
Also, our granddaughter has stated she is being physically abused and has shown evidence of this to us. At the time, we didn't have a camera handy. How can we protect her?
2 Answers from Attorneys
Re: mothers rights
If this wedding is going to be during your son's usual visitation time, then I don't think the child's mother can do anything to stop your granddaughter from being in the wedding whether or not she's there. That would be a violation of the visitation order. I don't know what their parenting agreement says, but MOST say that the parents shall allow the kids to attend important family functions, it doesn't say anything in there that the custodial parent has to be there, NORMALLY anyway. You'd want to look at the parenting agreement to confirm that (and I'm sure that there is probably nothing in there that requires that the mother be at the wedding).
If you have enough time before this wedding, it would probably be a good idea for your son to file a motion in court to allow the child to go to the wedding without the mother being there, just to have a court order to back it up. Though, like I said, if it's a weekend that the child is usually going to be with her dad anyway, the mother really can't do anything to stop the child from attending the wedding.
Re: mothers rights
I've never heard of anything that would give mom the legal right to be there. As for the abuse, you can always call protective services if you are convinced that this is going on, but be careful how you do this - you don't want mom suggesting that you did thid out of spite and not true concern for your granddaughter. You might first want to talk with parents of friends, teachers, etc. and see if they've noticed anything unusual. Good luck.