Mother Left for a Year

My question involves a child custody case from the State of: Michigan

My soon to be ex-wife left for a year and moved to Rhode Island for a job position. I filed for divorce through the legal aids office a few months later. Before the divorce was finalized, she lost her job and house. She was then forced to move back to Michigan. Now she is trying to fight me for the custody of my 6 year old daughter to whom I have taken care of now for the previous 14 months. She is also trying to get something for the house and car I drive but I am not as worried about that. Is there a chance of me losing primary custody of my daughter.

There's a chance, yes. But honestly? I don't rate Mom's chances highly at all.

You need to absolutely and without a doubt focus on the fact that not only did Mom move, but you've been your daughter's primary (only?) caregiver for the last 14 months.

You have status quo on your side. While that's not everything, with two otherwise fit parents it is often the deciding factor. You're obviously fit, and at 6 years old your daughter is likely to be more traumatized than not if she's forced to be removed from her primary caregiver and home.

Please, please, if Mom gets an attorney - do whatever it takes, sell whatever it takes, to get one yourself.

Please keep us posted, too :)

- - - Updated - - -

Sorry, I missed something - is the divorce now finalized? Has custody already been decided?

No the divorce is not finalized and custody hasnt been decided. All thats been done is friend of court has sent us what we would have to pay in child support a month depending on who wins. She would only be 50 something where my cost would be 400 something.

Okay, then my original answer stands :)

Now, with regards to CS - why would Mom only be liable for $50/month?

Because her job in Rhode Island gave her a house and her car they didnt have to pay her as much of something and her yearly gross income totaled only 7000 and child support is was figured out based upon our income.

Nooooo! You can - and SHOULD! - request that she's imputed at LEAST 40 hour @ minimum wage (for the purposes of calculating child support).

It doesnt matter. She was fired. Shes currently working a seasonal job or two trying to look good for the courts, but she doesnt have money. And in the end I dont care about her money, we have done fine without it. I was just hoping that showed that she can't support her child.

It doesn't matter, Kris. She could be fired, she could be working part time, it doesn't matter. You can STILL request that she's imputed an income equal to at least 40 hours @ min wage.

Please, search the forums a bit - this is not uncommon at all, and there's absolutely no reason why (except in a handful of states, yours NOT being one of them) the CP should accept such a token amount of child support.

It's fine that you don't want CS. But the child deserves to be supported by BOTH parents.

Now, with all that being said, her lack of income will not (and cannot) be held against her with regards to custody.

If her income cant be held against her, then what can? We still live in the house that she moved out of a year ago and when she moved back, she moved in with her mother. When my daughter visits on the weekend, they share a bed. She also lives in a different school district so my daughter would have to change schools and it would be her 3rd school in 3 years.

You don't have to have anything against Mom - that's not the right tactic. Slinging mud will usually leave your own hands dirty too, y'know?

What you need to focus in is the fact that you've been the child's primary caregiver for what, 14 months? THAT is what's important.

Sharing a bed is irrelevant. Her lack of income is, too.