QUESTION
Can my husband get custody of my child if I have a CPS case and I am waiting for the permanent neglect charge to be in place?
Asked on Jun 11th, 2014 on Child Custody - Michigan
More details to this question:
I have been working with Child Protective Services for a year. Five months of that, I was in an abusive relationship that stopped me from going to my appointments that were required by them. I have currently got in a better relationship and have been doing everything I am supposed to do. Unfortunately, they told me I didn't complete everything I had to do in time. I have now gotten married. My husband wants to know if he can become the legal guardian of my child since my rights will be taken away.
2 ANSWERS
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There is no reason why your new husband would get custody of the child as you would be in the same household.
Answered on Jun 12th, 2014 at 4:36 PM
I would need more information on your situation to fully answer this question, but this should at least get you started. The first thing to understand is that in Michigan, a non-parent is not allowed to bring an action for custody if the parents of the child have ever been married. So, if you were previsouly married to the father of the child, then your new husband will not be able to bring an action to become the legal guardian of the child. You will want to speak with an experienced attorney on this issue as child custody is never a simple matter. The court looks to what is in the best interest of the child when considering custody, and there is a presumption that the best interest of the child is best served by a biological parent.
Answered on Jun 12th, 2014 at 8:35 AM