Legal Question in Family Law in Michigan

She is my niece and we are fighting for custody

My Brother and his ex-wife are both substance abuse users. When they separated she gave him custody of their daughter so that she could party. Then he decided that he wants to life it up too. So they left there daughter with us. Since then we have let mom move in because we had no legal rights. We petitioed the courts for custody and our hearing is in a week. Now mom thinks that she may not want to sign her over when before it was not an issue. What can I do? Should I kick her out? Also, is the document I have showing that we have a court date and that we have petitioned good enough to be able to keep her in our home?


Asked on 4/04/03, 10:15 am

1 Answer from Attorneys
Thomas Weiss McClintic & Weiss, P.C.

Re: She is my niece and we are fighting for custody

I would strongly suggest that you can your local Family Independence Agency and ask to speak to a Childrens' Protective Services officer and tell the story. This is a classic case of "abuse and neglect" as FIA uses that term. Shouldn't be any problem in your maintaining temporary custody during the proceeding which could well end up with the parents rights being terminated by the court.

The court in such a proceeding will appoint an attorney for the child, called a Guardian ad Litem. That would be a good contact for you.

As to Mom staying in the home - just ask yourself "what is in the best interests of the child?"

Good luck,

Tom Weiss

Mount Pleasant

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Answered on 4/04/03, 11:14 am


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