Recommendation by Friend of the Court for Kids to Live with Dad
My question involves a child custody case from the State of: Michigan
My boyfriend and his soon to be ex wife attended a custody investigation and Friend of the Court spoke with both of them plus his kids. We received the report yesterday and because of the Mother's poor financial choices and the fact that she lost her house to foreclosure (and many other major issues with the Mother), FOC recommended custody go to my boyfriend with visitation given to the Mother. The Mother got the report and threw a fit and went in to appeal it. We are really nervous now because we want the kids with us because we can give them a more stable environment. Is the judge likely to go with the recommendation?
Re: Recommendation by Friend of the Court is for Kids to Live with Dad
The judge's decision can be influenced by the referee's recommendation, but is made independently of that recommendation.
Re: Recommendation by Friend of the Court is for Kids to Live with Dad
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jackandstacey
Is the judge likely to go with the recommendation?
many judges will rubber stamp those kinds of things. Who was the primary care taker of the children?
Re: Recommendation by Friend of the Court is for Kids to Live with Dad
Many judges will also simply ignore these recommendations if they go against the grain of what the judge was already inclined to do.
FOC minimum qualifications are pretty low, requiring little more than a law degree and 3 years practicing family law. http://www.ocba.org/resource/attach/...URTREFEREE.pdf
Whatever weight a court gives to a recommendation often boils down to a judges personal opinion of the referee.
Mom is within her rights to object to the recommendation, and must do so if she has issue with it. If mom is still the custodial parent, the judge will likely not adopt the recommendation without reviewing that and whatever else it wants to consider. One thing a judge may differ on is what weight, if any at all, to give to mom's financial issues as cause to change custody.
Re: Recommendation by Friend of the Court is for Kids to Live with Dad
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tex11
If mom is still the custodial parent, the judge will likely not adopt the recommendation
I agree, that is why I asked.
Re: Recommendation by Friend of the Court is for Kids to Live with Dad
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jackandstacey
My question involves a child custody case from the State of: Michigan
My boyfriend and his soon to be ex wife attended a custody investigation and Friend of the Court spoke with both of them plus his kids. We received the report yesterday and because of the Mother's poor financial choices and the fact that she lost her house to foreclosure (and many other major issues with the Mother), FOC recommended custody go to my boyfriend with visitation given to the Mother. The Mother got the report and threw a fit and went in to appeal it. We are really nervous now because we want the kids with us because we can give them a more stable environment. Is the judge likely to go with the recommendation?
You're dating and/or living with a married man; if I were you, I wouldn't be talking about Mom's stability too much.
If her financial status is the main factor, she should appeal it.
Re: Recommendation by Friend of the Court is for Kids to Live with Dad
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tex11
Many judges will also simply ignore these recommendations if they go against the grain of what the judge was already inclined to do.
In Michigan, referees work very closely with their assigned family court judges. It's not a situation of some random person the judge may not like and feels free to ignore. It's almost always a close, cooperative relationship.
Re: Recommendation by Friend of the Court is for Kids to Live with Dad
I agree on the working relationship between judge and referee.
But at the end of the day the judge has without exception the last word on whether to accept a recommendation or not... of which there is no room for a referee to question. A referees purpose is as a fact finder and to help cull the wheat from the chaff, especially in cases where either party is unrepresented. In cut and dried cases where there is little room for dispute, a neatly packaged recommendation and proposed order makes it easier for a judge to quickly dispose the case and move on to other cases.
Though in a contested custody modification, with referee recommendations to change custody based at least in part on the custodial parents financial difficulties, and the referees findings are challenged, final disposition may likely require a trial on the merits. However short or long that may be.
Re: Recommendation by Friend of the Court is for Kids to Live with Dad
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Dogmatique
You're dating and/or living with a married man; if I were you, I wouldn't be talking about Mom's stability too much.
If her financial status is the main factor, she should appeal it.
I can't agree more because this speaks DIRECTLY to dad's decision making skills. Poor financial choices shouldn't be a factor, however, having a married man living with another woman in the presence of the children...
poor life choices.
Re: Recommendation by Friend of the Court is for Kids to Live with Dad
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tex11
Though in a contested custody modification, with referee recommendations to change custody based at least in part on the custodial parents financial difficulties
If mom currently is the CP and her resources however meager combined with child support can provide a roof over the children's head, clothing and adequate food, then it is highly unlikely the FOC's recommendation would be accepted by a judge unless there is more to it than the girlfriend is stating. If there is not more to it and the judge accept the FOC's recommendation then an appeal is warranted.
A foreclosure is not grounds for taking away custody unless it leaves mom homeless with no ability to put a roof over her kid's head.