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  1. #1
    Join Date
    Jan 2006
    Posts
    24

    Default Michigan father trying for full custody

    Hello,

    I am currently awaiting the court date for my custody battle with my ex girlfriend. I am requesting sole physical custody, with joint legal custody. Currently we have joint legal, she has sole physical. The case is being heard in Michigan.

    I filed the petition based on abuses of the child by the stepfather, his brother, and failure to provide for his needs by the mother. Now I can add withholding visitation to her list of accolades.

    The abuses include his being grabbed by the throat and thrown to the ground by his stepfather, his brother chasing him around with kitchen knives/hammers/ etc threatening to kill him, and various verbal abuses. The “neglect” comes in the form of despite the large amount of child support I pay, he is dressed in used clothes only slightly better than rags, has a very damaged winter coat that will not zip up, and no eyeglasses despite them being doctor-prescribed. He has also requested, rather vehemently, to come live with me.

    His mother denies none of these allegations, but says they are no big deal, or I’m over-reacting.

    Now she is also restricting my visitation. We do not have court set visitation, it is defined as what we decide. Unfortunately, she has decided this means her word is law, and she gets to decide when and if I see him. She has now decided that one night per week and every other weekend is excessive visitation, and that I am seeing him too much.

    My questions are:

    What are my chances at winning custody?
    Should I hire a lawyer for this hearing?
    How much does my sons opinion count?
    Can I request a home evaluation of both of our homes?
    How much visitation can I get court ordered if I don’t win custody?

    Thank you for all of your help!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Michigan father trying for full custody

    Quote Quoting akodo jaku
    I filed the petition based on abuses of the child by the stepfather, his brother, and failure to provide for his needs by the mother.
    You filed a petition to modify custody? Or is it that you reported the suspected abuse to protective services?

    Quote Quoting akodo jaku
    What are my chances at winning custody?
    As a judicial grant of custody is a very fact-specific determination, it isn't possible to accurately assess that based upon the facts you have provided. Accepting what you say, though, a court would likely see good cause to revisit the present custody situation and to consider you as a primary custodian.

    Quote Quoting akodo jaku
    Should I hire a lawyer for this hearing?
    It's usually beneficial to use a lawyer for custody litigation.

    Quote Quoting akodo jaku
    How much does my sons opinion count?
    If your son is old enough to state a meaningful opinion on the issue of custody, the court can be asked to hear what he has to say, and the court will consider the child's preference when making its custody decision.

    Quote Quoting akodo jaku
    Can I request a home evaluation of both of our homes?
    You could ask the court to appoint a guardian ad litem to represent the child, and to investigate the child's home situation.

    Quote Quoting akodo jaku
    How much visitation can I get court ordered if I don’t win custody?
    That again is hard to say. "Standard visitation" is usually one mid-week evening and every other weekend; but that can increase (or decrease) depending upon the full facts of the case, or by virtue of agreement between the parties.

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