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  1. #1
    Join Date
    Apr 2013
    Posts
    1

    Default Trying to Gain Full Custody of My Daughter and Make It Where He Can Have Vistation

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

    I had my beautiful daughter on January 15,2013. In June while I was pregnant her father tried to fight me, and it resulting in me going to the emergency room because I was feeling horrible abdominal pain. . I as discharged from the hospital. We had another alteraction in November , but I didnt go to the emergency room. Also at the hospital when I had the baby he got put out the hospital because he was acting in a disordely conduct , he couldnt even come to the hospital to sign the birth certificate because of this. Since The day she was boring he seen her about 6 times. Only gave 20 dollars for diaper, and call when its convient for him to see her. I am not trying to take her AWAY FROM HIM. I just dont want her in his care ithout my supervision because of the amount of weed him, and his family smokes, and his history of abuse towards me. He is planning to take me to court is there anyway I Can fight the battle to get full custody , and to make where he can only see her under supervision.

  2. #2
    Join Date
    Aug 2012
    Posts
    403

    Default Re: Trying to Gain Full Custody of My Daughter and Make It Where He Can Have Vistatio

    If you were not married to the father, you already have full custody. If he wants rights, he can petition the court to establish paternity. Until then, you have no obligation to give him any visitation at all.


    You should consult with an attorney, however. I strongly recommend that. Find an attorney that gives free initial consultations. You may want to file for child support, but if you do that, his paternity will be established and he will have rights. I don't want to discourage you from filing for child support though.

    If he does get his paternity established, you can ask for supervised visits in court. But those will most likely be temporarily supervised until the child grows close to dad, gets comfortable with him, and gets a little older. I just had a baby in November, and my ex came to my house to visit the baby at first, and that is pretty normal. My child had his first overnight with dad at 2 weeks old, but we were married.

    Now, if you were married, you have equal rights to the baby.

  3. #3
    Join Date
    Jul 2011
    Posts
    244

    Default Re: Trying to Gain Full Custody of My Daughter and Make It Where He Can Have Vistatio

    Are you receiving any state assistance, including medical insurance for the pregnancy and birth? If you are the state will open a case on your behalf and go after dad for child support, and you have to cooperate with them. So there may be no choice here for this to end up in court case. Once it does go to court for child support, paternity will get established and more then likely dad will also seek some sort of custody and parenting time.

    I'm going to disagree with Shortie, on supervised visits being pretty normal for an infant in Mi. Many Mi courts are not doing that as the norm anymore, not even in unwed cases. Here I'm assuming your case is an unwed one, as you didn't mention being married. If you are married to dad, even less likely that you would get supervised visits. I agree though, you should consult with an attorney, they know best your county's view on this. You must seek the consult with an attorney who actual practices in your county's circuit court.

    His history of abuse towards you has nothing to do with his ability to parent his child. Your claiming he abused you, were the police involved? Did they charge dad? The court is going to wonder why your asking to supervise dads visits, yet your claiming he abused you. You supervising dads visits, leaves you and dad together during these visits. Are you not concerned that things could go poorly, since he has abused you in the past?

    If you have proper documented abuse, it can factor in, as far as how communication goes between you and dad, and for drop offs and pick ups. The communication can be kept to a low and through email, as to not further the abuse. The pick ups and drop offs came be at public locations, so further abuse could be limited. Supervised visits, if the court goes for them, should be done with a 3rd party, not you, since your saying there was abuse in the past.

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