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Changing from joint to full legal custody

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  • 09-07-2005, 10:17 PM
    sns624
    Changing from joint to full legal custody
    Can anyone tell me under what circumstances is it possible in Michigan to have full vs. joint legal custody. I am considering making my own motion to the court to have this changed as it would be difficult for me to pay legal fees. Basically my ex is mentally ill and this has worsened over the last two years, we were divorced five years ago.

    He is unable to hold a rational and calm conversation most of the time. He has verbalized delusions including that I am breaking into his home and that his mother and I are conspiring against him. He stated in April that his son is a spy for me and his mother and adbruptly stopped his visitations. In telephone conversations after this with his son he verbalized to his son the same regarding his being a spy. I am also planning to file motion for supervised visitation based on his actions as he came back a few weeks ago and wanted to see him but delusions were still present and he refused to get me a note from his treating psychiatrist to verify he is capable of unsupervised visitation.

    I am thinking that this may qualify as change of circumstances regarding his illness being unstable and that we can no longer communicate regarding decisions involving his son as rational conversation is not possible and he is easily aggitated with periods of hostility.

    What do you think?
  • 09-08-2005, 01:46 AM
    aaron
    Modification of Custody in Michigan
    You are speaking of joint physical custody, joint legal custody, or both?

    It may well be that your ex's mental disorder creates a change in circumstances sufficient to convince a court to revisit the case. However, I suggest that you try to find a lawyer to help you - it is not easy to handle this type of proceeding yourself. (You also may benefit from or require expert testimony in relation to the underlying disorder and how it affects your ex's parenting ability.) You may wish to look into legal aid and other possible sources of more affordable legal help.
  • 09-08-2005, 06:26 AM
    sns624
    I am only speaking of changing the joint legal as I already was awarded full physical custody at the time of the divorce.

    Any specific suggestions for finding the legal help at lower cost? I don't qualify for low income programs/poverty level program. If you know of any lawyers that can handle Wayne County case in Michigan that is reasonable to work out payment plans or charge lower fees I would appreciate the referral.

    Do you think I could handle just the change in legal custody? I have gotten the forms from the friend of court website for motions to change custody and visitations. I also am a mental health professional who has given expert witness testimony for other legal conerns (competency).
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