Legal Question in Family Law in Michigan

Petition that the Friend of the Court be excused in decision

My ex husband and his lawyer have petition that the Friend of the Court be excused in ruling a decision where my 14 year daughter is to live with me or him. My daughter lives with my ex right now and I have amended for custody back of her. He feels if she is giving a chance to voice where she wants to live is not up to her. He thinks that the reason she wants to live with me is that she doesn't like his rules in his house, so she should not have the chance to tell the friend of the court where she wants to live. My question to you is Has a judge in Michigan ever rule that the friend of the court be excused and he make the decision where the child should live?


Asked on 5/15/02, 1:46 pm

1 Answer from Attorneys
Timothy Trichler Timothy R. Trichler - Attorney and Counselor at Law

Re: Petition that the Friend of the Court be excused in decision

Greetings; The friend of the court does not have the authority (IN ANY CASE) to make a decision where a child will live. They can perform invistigations and report their findings. They can act as a mediator, but their findings are not binding. You always have the right to have your case heard in front of a circuit court judge. You will need the assistance of an experienced attorney to be sure that this happens. I hope this information helps. Atty. Trichler. www.trichler.com

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Answered on 5/15/02, 2:14 pm


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