Legal Question in Family Law in Michigan

''temporary'' physical custody

I attempted suicide about a week ago. My ex-husband wants me to give him ''temporary'' physical custody until I am well enough to take care of our 2 children. We currently have joint legal and physical custody. He would like us to file the paperwork ourselves without attorneys. My question is if I give him ''temporary'' physical custody how much trouble will I have getting it back? My therapist would be the third party in the matter to determine if and when I am well enough to continue my part of the joint physical custody.


Asked on 7/12/04, 3:36 pm

2 Answers from Attorneys

Blake Lipman Law Office of Blake P. Lipman

Re: ''temporary'' physical custody

It may cause problems if you allow him to have sole temporary physical custody of the kids. The better question though is "what is best for your kids right now?" Are you "well" now? What does your dr. think? For more info., please contact my office at (248)851-3171.

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Answered on 7/13/04, 1:33 pm
Regina Mullen Legal Data Services, PLC

Re: ''temporary'' physical custody

Once you give up your kids, you're not likely to get them back. That's the hard truth of it. You could be one of the lucky ones, but don't count on it.

If your attempt was a cry for help, then maybe you need them near you and parenting them can help you get better. If you meant it, then let your kids go and try to get better, knowing that it's much better for them to be with their father than to be alone with you dead in the next room one day.

Before you do something that you can't reverse, get the opinion of someone trustworthy, and ask yourself the hard question as to whether you can really deal with giving them the parenting they deserve. If not, then at least get the revised parenting time schedule written clearly and limit it to less than 3 months. Do it without legal counsel at your own peril. He has everything to gain and you have your children to lose.

At the end of the day, the question should be what is best for your kids from a parenting perspective, whereas your doctor's job is to look out for what is best for you.

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Answered on 7/12/04, 5:07 pm


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