Legal Question in Family Law in Michigan

Pre-divorce Custody

My sister is married with one child, a 16 month old little boy. They have been living apart off and on for three months. She has lived with our mom and grandmother, he has been living at the home they rent together and with his ''mistress''. They have shared custody with no problems. Today, she went to pick up her son, and was informed that he had filed for divorce, was keeping the son, and she could not take him. He had rented a moving van, cleared his belongings from thier rented home, and is planning on takin thier son out of state to his brothers house in Indiana until the divorce is final. What are her rights in this situation? What should she begin doing right away?


Asked on 2/22/04, 9:06 pm

2 Answers from Attorneys
Jesse Sweeney Sweeney Law Offices, P.L.L.C.

Re: Pre-divorce Custody

This is a case where he must contact a family law attorney without delay to prevent the child from leaving Michigan.

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Answered on 2/22/04, 9:26 pm
William Stern William Stern, P.C.

Re: Pre-divorce Custody

She should get a lawyer as quickly as possible to file an emergency motion for return of the child, an injunction to prevent removal, a motion to get custody, etc. It sounds like your sister has extreme problems in asserting herself or else she would never be in this position with the mistress, etc. Chances are, as the case progresses, she will not cooperate with her own lawyer in protecting her rights. The family should take up a collection to hire the proper lawyer. William S. Stern 248-353-9400

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Answered on 2/23/04, 7:42 am


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