QUESTION
How can a mother get sole custody of her child?
Asked on May 08th, 2014 on Child Custody - Michigan
More details to this question:
I have filed for a divorce, but my lawyer will not call or answer me back. They have it set for joint custody. My ex husband has a drug problem and has been in and out of jail but his mother keeps getting him out so it’s like his first time every time. One weekend after my daughter came back from my ex husbands house she cried all day saying her legs hurt and she is only 2 years old. I worry for my daughter every time she goes over there. What can I do?
6 ANSWERS
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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If your lawyer is non responsive, you need to get a new lawyer.
Answered on May 12th, 2014 at 11:20 PM
You should consider ?firing? your lawyer and getting another ASAP! Your lawyer should be your advocate and seek all possible evidence of child neglect or child abuse prior to the hearing. Don't wait,
Answered on May 12th, 2014 at 11:20 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Very Little. Sorry to burst bubble but the Legislature is pushing joint custody, 50/50 time share. The formal statute passed in 2013 but the Governor vetoed it. Judges have been told joint custody 50/50 time share will pass at next session of the legislature but they are to act as if the statute has already passed.
Answered on May 12th, 2014 at 11:20 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You will have to be able to eventually prove that his parenting skills are so bad that he is either dangerous or actually harmful to your child. The courts generally seek to preserve the parenting rights, even the parenting rights of "bad" parents. Given his situation I would suspect that a joint legal custody with sole custody to you and some form of supervised visitation would be the correct current response of the court. Given his problems, it would appear that in relatively short order he will eliminate his ability to exercise parenting time at all. Counsel with your attorney, and if you do not believe his or her advice is sound, engage in different one.
Answered on May 12th, 2014 at 11:19 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Get a new lawyer that will fight for you.
Answered on May 12th, 2014 at 11:19 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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First, get a competent family law lawyer. Custody is not at issue in WA, residential time and decision making authority is. If the father has a drug problem that you can credibly describe to the court, you can do so in a motion and ask the court to order a substance evaluation. Based on all the criteria set forth in the law to determine a parenting plan including the drug issues and any real criminal record (convictions not arrests) the court will order a parenting plan in the best interest of the child. If your child is complaining of leg pain, take her to the doctor immediately after she complains and let the doctor figure out what's going on with her. She may simply be tired or something may have happened, but only a medical exam/opinion will make clear what that is. You can't go to court with just your conclusions about the father, but need to present cogent and convincing facts.
Answered on May 12th, 2014 at 11:19 PM