Child Safety and Custody

My question involves a child custody case from the State of: MS and MI. My 9 yr old child is currently with me in MI, my normal visitation. Me and the mother do not have anything set through the court, the child primarily resides in MS with mom and visits me 8 weeks in the summer. I found out July 1st from the mother that she lost full custody temporarily in an emergency hearing that includes a no contact order of my childs half sister. She faxed me the order and it includes mental illness and unsuitable living environment. I have emails from the mother that the reason she lost custody is because she was diagnosed bipolar 2 years ago(I was never told) and that she quit taking her meds 4 months ago because she feels she does not need them. In the email she states that she went and got new meds, will not take them, but will tell the judge she is taking to try and regain custody. She is not getting a lawyer because she feels she is in the right and doesnt need a lawyer. I am concerned with my childs well being but do not know where to start. My ex was suppose to be going to into court the day before I send my child home, but it is now being postponed an additional 2 weeks. If my ex is deemed unfit for one child, will my child be put into foster care if my child is sent back? Is there something I can file in MI to keep my child with me until the other case is decided.

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Quoting hedbandzz

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My question involves a child custody case from the State of: MS and MI. My 9 yr old child is currently with me in MI, my normal visitation. Me and the mother do not have anything set through the court, the child primarily resides in MS with mom and visits me 8 weeks in the summer. I found out July 1st from the mother that she lost full custody temporarily in an emergency hearing that includes a no contact order of my childs half sister. She faxed me the order and it includes mental illness and unsuitable living environment. I have emails from the mother that the reason she lost custody is because she was diagnosed bipolar 2 years ago(I was never told) and that she quit taking her meds 4 months ago because she feels she does not need them. In the email she states that she went and got new meds, will not take them, but will tell the judge she is taking to try and regain custody. She is not getting a lawyer because she feels she is in the right and doesnt need a lawyer. I am concerned with my childs well being but do not know where to start. My ex was suppose to be going to into court the day before I send my child home, but it is now being postponed an additional 2 weeks. If my ex is deemed unfit for one child, will my child be put into foster care if my child is sent back? Is there something I can file in MI to keep my child with me until the other case is decided.

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This is a ticklish situation. Are there ANY court orders establishing you as dad? If mom agrees the child could certainly remain with you, but otherwise MS is going to have jurisdiction of the child, and any temporary court orders would have to be decided there. On top of that, you probably cannot enroll her in school without at least temporary orders.

Is the state involved in taking away the other child, or was it the child's father?

I have a dna test that proves 99.99% that I am the childs father. It had to be done in order to add her to my health insurance and because there were 4 other possibilities but it was not done through the court, we did it ourselves. There was never any need because we worked everything out ourselves. The mother will not let her stay longer because she feels it will look bad if I dont send the child back for her other case. The state is not involved, the other bio father was. According to him, she up and left with the child one day, moved in with a man she met a week before,got married and they are living in a 1 bedroom trailer, where 4 childrens, 2 girls, 2 boys are suppose to share the living room as a bedroom. He has proof of the living situation, that he is willing to give to me, once his case is done, but doesnt want give up anything to me until his case is complete. I am concerned for my childs safety, my child has never met this new husband or step siblings, doesnt have a room to sleep in, my ex being off her meds and I dont want my child to end up in foster care. My goal isnt to keep my ex away from our child, just keep my child safe.

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Quoting hedbandzz

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I have a dna test that proves 99.99% that I am the childs father. It had to be done in order to add her to my health insurance and because there were 4 other possibilities but it was not done through the court, we did it ourselves. There was never any need because we worked everything out ourselves. The mother will not let her stay longer because she feels it will look bad if I dont send the child back for her other case. The state is not involved, the other bio father was. According to him, she up and left with the child one day, moved in with a man she met a week before,got married and they are living in a 1 bedroom trailer, where 4 childrens, 2 girls, 2 boys are suppose to share the living room as a bedroom. He has proof of the living situation, that he is willing to give to me, once his case is done, but doesnt want give up anything to me until his case is complete. I am concerned for my childs safety, my child has never met this new husband or step siblings, doesnt have a room to sleep in, my ex being off her meds and I dont want my child to end up in foster care. My goal isnt to keep my ex away from our child, just keep my child safe.

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You have to send her back. You don't have any established legal rights to the child. You haven't even legally established paternity yet. Anything court related would have to take place in MS.

When the mother was living in IL and I in MI we went to court to establish paternity and child support and in the middle of it the mother up and moved. Child support was ordered and then cancelled because she left the state. Will papers like that work?

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Quoting hedbandzz

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When the mother was living in IL and I in MI we went to court to establish paternity and child support and in the middle of it the mother up and moved. Child support was ordered and then cancelled because she left the state. Will papers like that work?

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No, that's not going to help you.