Legal Question in Family Law in Michigan

Re: Witness Self Incrimination

I urge her to obtain counsel if she is required to testify or if she thinks she might be called upon to testify. She has a right to her own attorney and is not required to use her friend's attorney and should not. I believe the attorney will advise her that she has the right to "take the 5th" if her answer will incriminate her. I do not think a "friend" should put her in a position to incriminate herself anyway.

There is a very serious question of whether a parent who uses illegal drugs in front of his minor children could possibly be a more fit custodial parent; there is even a better question of why that parent would want to put a witness to this behavior on the witness stand at all.

My suggestion is for her attorney to communicate with his attorney and determine whether it is wise for her to testify and ultimately she needs to decide.

You/she should know, that the other side generally has a right to depose her or call her as a witness at trial, so the decision to testify might not be hers to make. Her attorney will be able to advise her about this as well.

If the case is taking place in Michigan, she will probably want a Michigan attorney who is familiar with state family law.

I know this does not "put her mind at ease" but where a man going through a divorce has a girlfriend and not only uses illegal drugs, but does so in front of his children, I think it is reasonable to expect the girlfriend to be called as a witness by the other side to testify about actions she has witnessed.

Best of luck.

Re: Witness Self Incrimination

The rule against incriminating herself does not apply in a civil case. It's pretty dangerous. On the other hand, if the boyfriend thought she was going to testify that he smoked refer in the presence of the kids, he'd have to be nuts to call her. If the opposition calls her and that is her testimony, he'd better reconsider his stance. If she just testifies that she has used marijuana in the past, it's a risk about her job, especially if the ex-wife or mother is vindictive. However, the good thing is that I found that normally, both parties use illicit drugs. He should come up with someone who will testify that the mother also used drugs. That way, maybe the kids will be removed from the home and placed with social service. With this threat hanging over both of them, maybe they'll work it out instead of being jerks. Bill Stern 248-353-9400