Legal Question in Family Law in Michigan
Last year my ex and I were involved with CPS. I had custody, lost my home and couldn't find an available shelter, so the children were placed with my sister. We were both offered the same services and had to drug test randomly. In the beginning my ex failed 2 drug tests for Heroin and Cocaine, then stopped cooperating and said they were invading his rights to privacy. Towards the end of this process/case, he took a drug test and failed for taking an expired prescription of Vicodin. The children were placed back with me and CPS advised me to go back to Friend of the Court to have them continue his supervised visits because they could possibly be "knocking at my door if I put the children in jeopardy", in which I agree.
Back in June I took my ex to Friend of the Court to get the visits supervised and child support increased. I had proof of him failing drug tests for Heroin and Cocaine, and not cooperating with CPS. The referee granted the supervised visits but insisted that I drive both ways and he pay extra in child support to cover the cost of gas since I wanted the visits to be supervised and it would be too hard for him to have his dad be with him to pick them up. It was weird because the referee said I had to since his dad (the supervisor) wasn't at court to ask him to pick up the children, but he made him a supervisor with out him being there. I was upset, but agreed since it seemed like that was my only option. Also, he is supposed to take weekly drug tests (on his own) for at least 3months to prove he is drug free, in order to have unsupervised visits. He still has not taken 1 drug test.
Yesterday I took my ex back to Friend of the Court to get driving arrangements changed, as he is $2500 behind in child support which includes the gas for me to drive. I asked that he (with a supervisor) do 50% of the driving. The referee granted he drive 50% but is allowing him to pick up the children by himself and the visits are to be supervised. I said " that doesn't make sense! Why would the visits be supervised, and the driving not?" The referee asked me " do you have any proof that he has drove while being high?" I said " He won't take any drug tests to prove that he's clean, so that should be proof enough. And as long as you know that I'm trying to protect my children and you now are taking the liability, I guess I have no choice but to let them drive alone with him." and agreed. To me, this is wrong and I still don't feel like my children are being protected by the law. It seems more dangerous to put the children in a vehicle with a person that could potentially be under the influence of drugs. If anything happened to them I would feel guilty, if I didn't do more to try and get this sorted out. Please let me know if this seems ok and if there's anything I can do to get the driving supervised. Also, is there anyone I can write to in the court/law so they are aware of this and may be held liable if anything happens?
1 Answer from Attorneys
It sounds like you reached an agreement at the Friend of the Court. It doesn't matter that it doesn't seem right. You agreed. Hopefully your attorney has some logical reason for reaching that sort of agreement but I just can't imagine what it would be.
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