Legal Question in Family Law in Michigan
Removing a child from the home
If one out of three children was removed from the home due to accusations of sexual assualt and the man was found innocent in a criminal court of law will he as well as the child removed from the home be able to live together. Also if he did come back to the home would the other childern possible be removed? Could the family courts still have condemmed the man as a sexual preditior even if the criminal courts find him innocent?
2 Answers from Attorneys
Re: Removing a child from the home
This case recently came up with Mark Unger in Oakland County Family Court. The Court of Appeals stated that the Family Court can still act in the absence of a criminal conviction. For more info, please contact my office at (248)851-3171.
Re: Removing a child from the home
The criminal burden of proof is higher. That means that even if he was found not guitlty in the criminal court, in the civil courts they may be able to remove the children. William S. Stern 248-353-9400