Thursday, July 30, 2009

Custody question in Michigan?

My brother shares joint custody of his daugter with the mother. The brother gets his daughter every other week Thursday-Monday. That is the court order. Recently, the mother was kicked out of her home and has been living in different places from friends houses, to mens house etc. My niece is very confused, sad and cries a lot. She doesn't know where her home is, she is 6 years old and now her school is beginning to suffer too. She is missing after school activities and is having problems with her grades. The teacher has offered to tutor her after school but the mother says she has no time. My brother can't get a hold of the mother and has to return Adrianna on Monday. He doesn't want to b/c the mother has no residence or place to live. What does he do?

Custody question in Michigan?
What does he do? He returns the child on Monday per the court order, otherwise, he's in violation of the court order (which will not help him if he goes to court for full custody). While Mom not having a permanent residence is not the best/most stable environment, it does not make for a 'dangerous' situation (unless one of these men Mom is staying with is a convicted child molester/child abuser), and therefore, he has no valid excuse for violating the court order/failing to return the child.





I'd suggest he talk to Mom and ask her to allow the child to stay with him until she finds a permanent residence. If Mom won't agree to that, then he needs to file a petition to modify the custody order. But even if he's awarded full custody, it may (likely will) only be temporary...just until Mom finds a permanent residence.
Reply:Ask a court officer to asssist or make a temporary revision to the custody agreement until the mother has a home.

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