Legal Question in Family Law in Michigan
Neglect and Illegal activities during visitation
My fiancee has sole physical custody of his two daughters. Their mother has visitation two evenings a week and every other weekend from 10-5 Saturday and 10-5 Sunday. This is due to her testing positive for cocaine during the custody investigation. After not seeing the girls for a month she has now started showing up again. The girls are telling us that she sleeps during visitation, leaves them with friends while she ''goes to the store'', they come home upset, and the oldest told us that ''we went to detroit to see moms friend'', She said she didn't know the person and they were only there for about 20 mins. In the last couple days we have been contacted by two separate people who are concerned about the girls and have stated that their mother has been ''shooting up''. We believe that she may be buying drugs during these quick trips to Detroit and ''to the store'' while the children are with her. We know that she was homeless for a while and is now staying with a friend. What do we do? Can we deny her visitation based upon being concerned for their safetly? Can we get an emergency suspension of visitation pending another investigation? Please Help!
3 Answers from Attorneys
Re: Neglect and Illegal activities during visitation
You can refuse visitation if you have serious concerns about the girls' safety. However, I think the better (and more permanent) plan would be to file a motion with the court to terminate parenting time visits until mom tests clean. That's something I can help you with if you want. 313.300.1183.
Good luck,
Heather
Re: Neglect and Illegal activities during visitation
The rule is that you must obey the court order for parenting time. That being said, violating the court�s order for the reasons you state is your fianc�e decision as a parent. If he violates the court order in this situation, he may be able to explain his decision to the court at a �show cause� hearing held to decide whether he should be held in contempt of court for disobeying the parenting time order. There, he will have an opportunity to explain why his decision was in the best interests of the children. If the judge agrees, he will not be held in contempt or otherwise punished. Thus, unless he truly believes that there�s a risk of physical or emotional harm, I do not recommend that he suspend parenting time on his own. Rather, he could also file a motion and schedule a hearing so that he may get a court order to modify the present parenting time order. He can hire a lawyer to file the motion, or he can file the motion without a lawyer�s help. Two (2) modifications provided by law that you may consider are: (1) Restrictions on the presence of third persons during parenting time; and, (2) A requirement that parenting time occur in the presence of a third person or agency.
Further, having served hundreds of abused and neglected children over many years and assuming the children are not at imminent risk of harm with the mother, I would encourage your fianc�e to think of this from the children�s perspective(s). Stated differently, children have a right to parenting time with a parent unless it is shown on the record by clear and convincing evidence that it would endanger the child's physical, mental, or emotional health. Appreciating this perspective better positions you to advocate for the children�s best interest. It will also bolster your case with the Friend of the Court and the Judge.
Best wishes.
Re: Neglect and Illegal activities during visitation
The rule is that you must obey the court order for parenting time. That being said, violating the court�s order for the reasons you state is your fianc�e decision as a parent. If he violates the court order in this situation, he may be able to explain his decision to the court at a �show cause� hearing held to decide whether he should be held in contempt of court for disobeying the parenting time order. There, he will have an opportunity to explain why his decision was in the best interests of the children. If the judge agrees, he will not be held in contempt or otherwise punished. Thus, unless he truly believes that there�s a risk of physical or emotional harm, I do not recommend that he suspend parenting time on his own. Rather, he could also file a motion and schedule a hearing so that he may get a court order to modify the present parenting time order. He can hire a lawyer to file the motion, or he can file the motion without a lawyer�s help. Two (2) modifications provided by law that you may consider are: (1) Restrictions on the presence of third persons during parenting time; and, (2) A requirement that parenting time occur in the presence of a third person or agency.
Further, having served hundreds of abused and neglected children over many years and assuming the children are not at imminent risk of harm with the mother, I would encourage your fianc�e to think of this from the children�s perspective(s). Stated differently, children have a right to parenting time with a parent unless it is shown on the record by clear and convincing evidence that it would endanger the child's physical, mental, or emotional health. Appreciating this perspective better positions you to advocate for the children�s best interest. It will also bolster your case with the Friend of the Court and the Judge.
Best wishes.
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