Legal Question in Family Law in Michigan
What are my rights regarding cancelling visitation
My son is 14 he goes every other weekend with his father for visitation, On more than one occasion he has been drinking and drunk in front of him. Last time we were in court I brought it up to the mediator and he swore it wouldn't happen again, well it happened again this past weekend. He was to drunk to drive so his wife drove home from the party and I was told she had had 2 beers my son thought, my son was in the vehicle with them, his father was drinking in the passenger seat in front of my son which is illegal to do in Michigan.Do I have to wait for my son to be injured by his drinking before the friend of the court will do anything or can I cancel visitation until we go to court and he can explain himself to the court?
3 Answers from Attorneys
Re: What are my rights regarding cancelling visitation
Definitely not!!! This matter should be brought to the court's attention immediately. In certain circumstances visitation could be suspended or supervised until ex gets help with drinking problem. For more info. please call (248)851-3171.
Re: What are my rights regarding cancelling visitation
Generally, in situations like yours an emergency motion should be considered. In order to fully protect your son's safety and your rights, you should have an attorney represent you in such a matter. If you would like to discuss this in further detail, call me at 586-979-7302. Good luck.
Janet M. Ziulkowski
(www.ziulkowskilaw.com)
(586) 979-7302
Re: What are my rights regarding cancelling visitation
Your ease of making a change here could turn on whether you have joint custody or full custody with visitation. You didn't say which you have, but in any event you can ask for limited visitation, but your son has to be willing to substantiate what you're saying (without bullying or coercion).
I don't think this is a cause to cancel visitation, but you can certainly ask them to place some time/place restrictions on it.
You don't have to wait for the FOC to do something, you are completely empowered to file a motion on your own behalf to alter the terms and conditions of visitation.
The question is going to be whether there is a change of circumstances, but you should be able to get past that threshhold if you're asking for reasonable limitations, as opposed to outright cancelling of visitation.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
