Legal Question in Family Law in Michigan

taking in a child

My aunt left her two children down in Oaklahoma where they have been living with a couple for almost 8 years. This couple has become their legal guardian. This week they drove one of the boys, 10 years old, up to Michigan with his bags packed and ready to leave with my parents, the boys birth Aunt & Uncle. My parents and possibly my husband and I are willing to take him in but can this couple do this. We want to know legally how to handle the situation as we do not want him to be put in the ''system''. Also, he has a brother still in their custody that they will not give up and we would like the brothers to stay together. We have no idea what to do or where to go for help. Any suggestions?


Asked on 2/06/09, 3:57 pm

1 Answer from Attorneys
Don McGuigan Donald G. McGuigan II, Attorney at Law

Re: taking in a child

Your posting raises a number of issues. First, your desire to keep the boys together may have to take a backseat to the more pressing issue of the 10 year old's legal status. A Michigan court would probably grant temporary custody to you or your parents pending termination of the OK guardianship. Then you or your parents could seek a guardianship for him here in Michigan. The guardians' conduct is considered child abandonment and could be grounds for terminating their guardianship over your younger cousin. That aspect of the situation would be controlled by OK law. Your first move is to ask to the local circuit court to protect the 10 year old by giving you or your parents temporary custody based on the child's abandonment.

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Answered on 2/06/09, 4:15 pm


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