Legal Question in Family Law in Michigan
parental rights michigan
My ex left for texas on military leave for six months. she gave power of attorney to her sister and her sister in turn turned my daughter over to her mother (ex's) mom. They said I can only see her when I am court ordered to every other weekend. I want my daughter with me while she is gone full time. I need help bad. My daughter should be with me!
michael
2 Answers from Attorneys
Re: parental rights michigan
Your lawyer might be able to obtain temporary custody for you.
Re: parental rights michigan
Michael-
Without knowing the history of your case or the terms of the current custody and parenting time order, I can say whenever there is a change in circumstances that affects the best interests of the children, you have grounds to bring a motion to modify the existing order.
The FOC has an approved motion form with instructions that you can use without an attorney--here's the link:
http://courts.michigan.gov/scao/courtforms/domesticrelations/custody-parentingtime/foc87.pdf
You'll need to make sure though that you are following all the local rules the court clerk has for filing the motion and setting the date. The clerk should tell you if there are any other forms they need--that is not "legal advice," don't let them hide behind that!
There is a motion and judgment fee that will need to be paid to the court when the motion is filed. If you are out of work or low-income you may qualify for a fee waiver
http://courts.michigan.gov/scao/courtforms/general/mc20.pdf
If you can afford an attorney and don't want the hassle of trying to do this yourself, call me for a more in depth consultation.