Ex Husbands Unfair Custody

Summary

The user, Lainee, is dealing with a complex custody issue in Michigan. Her ex-husband filed a motion for parenting time and won primary physical custody of their child. Lainee was not properly served the court papers and was unaware of the hearing, resulting in her absence. She only found out about the custody change when her ex-husband handed her the judges ruling. She is considering filing a motion to set aside the judgment due to lack of proper notice. She also expressed concerns about potential bias in the court due to her ex-husbands connections.

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Ex husband filed motion for parenting time

What state are you located in, Lainee? This will help me provide the most accurate information regarding your situation.

But nevsr

I'm sorry, Lainee, but I didn't understand your last response. Could you please tell me in which state you are located?

I was never severd paperwork. Yesterday he handed me the judge's ruling and i lost custody because i wasn't there because i didnt know, i represent myself, this was done june 8th so now i feel ive broken orders because my ex never said anything

What state are you located in? This will help me provide the most accurate information regarding your situation.

Michigan

Did you receive any form of communication from the court regarding this hearing? In Michigan, proper service of court papers is required for a fair hearing.

No, no email, no phone call, my mail is forwarded to a po box because he scared me so bad i had to move. Hes had family members serve me at work which i ended up losing because of it

Did you inform the court about your change of address? In Michigan, it's crucial to update your address with the court to receive important documents.

Sure did i mailed in all my paperwork

Did you keep any copies or proof of the change of address notification you sent to the court?

I cant find it because of the move and i still looking im afraid it was lost in the move

Did you inform the post office about your change of address to forward your mail to the new address?

Sure did

What is the name of the court that issued the custody order?

Jackson county judge McBain. Which also was my ex husbands professor for corrections and off rip he said im for correction and military, which my ex is both and i never got to talk but at trail.

Did you file a complaint about the potential conflict of interest with Judge McBain being your ex-husband's former professor?

I wasn't allowed to per the * attorneys i had in the *½ year divorce. They said i was already losing because of the situation and not to poke the bear because I would lose my child, so i just took it. His attorney is good friends with the judge because his father and grandfather worked beside McBain

Did you ever file an appeal against the custody decision? In Michigan, you can appeal a custody decision if you believe it was unjust or biased.

It was ordered */*. But then i moved and that pissed my ex off because he couldnt pick on me anymore , i dont even know what motions he filed or when. He yesterday at our sons football practice which i live 1hour and * minutes away now, handed me a copy of the judgment that was held june 8th infront of everyone. All i could do is leave. I havent slept i cant stop crying because i dont understand how he doesn't see this is gonna devastat my son why hurt him by taking me away id rather let him take my house and possession a million times over then hurt me through my baby

I'm really sorry to hear about your situation. Have you considered filing a motion to set aside the judgment due to lack of proper notice?

No, but i will. No one will give me advice out there on what to do its a run around to court house and foc. His family has a lot of pull out there and no one will listen to the black and white proof. I mean he was Subpoena to turn in bank statements. He never did, and no one held him accountable for it. He turned paperwork that he wrote out on the graph, saying what he had. No one would pull his stuff but mine was everywhere. He put a restraining order on me and because i moved i got in trouble for the mortgage

What is the exact nature of the restraining order against you?

In Michigan, violating a restraining order can lead to penalties including fines and jail time. It's crucial to understand the terms of the order.

I wasnt allowed to remove items from the home or be on the property. So i got a apartment then it was used as i abandoned everything McBain sore him in everytime listened to him but would never let me talk

What is the current status of the restraining order against you?

In Michigan, violating a restraining order can lead to penalties including fines and jail time. It's crucial to understand the terms of the order.

I mean he has gone as far as talking to my fiance ex wife which is a convicted felon with l

What is the nature of the conversation between your ex-husband and your fiance's ex-wife?

Prios r

What was the content of the conversation between your ex-husband and your fiance's ex-wife?

To make my fiance case harder. He has */* cover all medical but pays her * in child support he has turned in the proof of none payments of daycare which is * dollars of child support. She lied and he proved it about her medical card. Jackson county doesnt listen they put in paperwork there personal opinions on individuals

What actions have you taken regarding the false statements made by your fiance's ex-wife?

In Michigan, providing false information in a court case can be considered perjury, which is a felony.

Weve turned it all in and foc said they cant do anything an now the judge said 2 months ago she can tranfer the case to a different state which she hasnt

What state is the case potentially being transferred to? In Michigan, transferring a case to another state requires compliance with the Uniform Child Custody Jurisdiction and Enforcement Act.

I'm really sorry about blurting all this but im tired of the courts not doing there jobs, im tired of proving myself following the rules while other brake them and i get punished

I'm sorry to hear about your situation. Have you considered seeking legal representation to help navigate these complex issues?

Ohio the state she has all her conviction in, and priors but Jackson says its her pass like a month ago and its been her entire life no its the road she chooses to be on. She is harbering her bf which has felony warrents we have police reports of her and him using my fiance identity when pulled over and no one is doing a thing

Have you reported the identity theft to the police and the relevant credit bureaus? In Ohio, identity theft is a felony and can lead to imprisonment and fines.

The police here in michigan said they wont do anything because he just gave his name and social security card, but my ex had a old driver's license so thats how they got caught but since he didnt ruin his credit or anything along that not much they can do. Like I'm at a lost with everything.

Have you considered filing a complaint with the Federal Trade Commission regarding the identity theft?

No but we will.

What steps have you taken to address the custody issue since you received the judge's ruling?

In Michigan, you can file a motion to set aside a judgment if you were not properly served. This should be done as soon as possible.

I got the paperwork last night at 617pm, and finally found this to figure out what to do. I'm so upset my eyeballs are swollen from crying. Like it says i get every other weekend and wed * hours. But we havent done that he never said anything and because i got stuck in a traffic jam and was * minutes late he gave me the paperwork. So like do we follow that now even though we havent i dont want to make anyone mad

I'm sorry to hear about your situation. Have you considered filing a motion to modify the custody order based on the change in circumstances?

I'll do whatever i have to, i dont have a job hes a correction officer but they are makeing me pay child support its in reserves. I just dont understand how he can do this, everytime he and his attorney missed the judge would just postpone it for them. I get left out in the dark i mean the man * weeks ago wanted me to go out on his boat with him and now i lost my son how is that possible

What steps have you taken to address the child support issue? In Michigan, child support is determined by the Michigan Child Support Formula which considers both parents' income.

I havent because at 1st he had to pay me but now since he won i have to pay him

What is your current financial situation? In Michigan, child support modifications can be requested if there's a significant change in circumstances, such as income.

I was a store manager at dg making 60k he clears 80k so at 1st i had to pay him because he had * more child then me. Then he got me fired so then he had to pay me. What he was paying would t even cover gas to get our child to school but i managed. I dont like drama

Have you considered filing a complaint for wrongful termination against your former employer? In Michigan, it's illegal to fire someone based on personal issues unrelated to job performance.

I cant afford it they said my divorce caused me to miss work which vacation time was used and that i just wasnt happy i cried on the sales floor when his brother served me and that was unprofessional i guess. I don't have much energy left. I get told no all the time and I'm so tired this started in *. Ive lost everything, the courts let him keep all my stuff from before we meet. He changed the locks on the house so if i left i couldn't get in. I'm so mentally exhausted from all the bullying, the scared feeling of oh my god why wont anyone listen to me why arent the lies being addressed i thought courts listened, black and white cctv vidoes i mean i gave it hell cps called me about him and him abusing the kids and i said yeah but you guys never do anything because his uncle works there

I'm really sorry to hear about your situation. Have you considered seeking help from a local legal aid organization or a pro bono attorney?

I was just thinking that, but will they really fight or will they be like the others that cast me 30k to tell me to not cause problems because then im the vindictive ex wife. I asked his attorney how he can represent him and my fiance at a

What is the nature of the representation provided by your ex-husband's attorney to your fiance?

The sametime but doesnt do half the work for my fiancee as he does for my ex isnt that a law braker. Because if i pissed his attorney off my guy caught the rath of it in his case. We spent around 20k for him to quit then charge us * times for quitting becaus his ex was to much to deal with

What is the name of the attorney representing both your ex-husband and your fiance?

Samething divorce and custody, divorce has been over but 3 years on custody

What is the current status of your custody case? Are there any upcoming hearings or deadlines you need to be aware of?

Mic falahee

What is the current status of the restraining order against you?

Right now all i know of is the hearing they had in june, i dont know how to find out anything else. Restraining order when i asked i was told i would get a call back so they could look into it, never called so i just pull in the driveway a little to drop him off, we were supposed to meet at the police station but he stopped doing it and my attorney at the time was like look at it as * extra minutes with your son, and I was like your right i dont want to make him mad he has ptsd carries a gun and gets sooo mean when i stand up for myslef which he takes out on trystan so for him i just take it, but now i live * miles away dont ask for him to meet and because im afrid our son will get the grunt of it

Have you considered filing a motion to modify the custody order due to the change in circumstances and distance?

General Information:
- In Michigan, you can request a modification of the custody order if there's a significant change in circumstances.
- Jackson County Court: * S Jackson St, Jackson, MI *, USA. Phone: +* *-*-*.

No i was willing to do all the driving so he wouldnt find out where i live and figured as long as i do whats right, take him to school leave the ex alone things would be okay i really try to not make him made because ive seen what hes capable of. But now its like you took the only thing i have left, i have nothing to lose now, so what can you do to me at this point besides hurt me and pull your ptsd card like youve threatened me with. Like im willing to go as high up as i can and then more

I'll do whatever i can, i just need guidance, and thank you for doing that for me

I mean this is a man that i had to have courts tell him to stop buying me things. He went as far as opening my mail to get my new number because I wanted to be strictly emails.

Did you report the incident of him opening your mail to the authorities? In Michigan, opening someone else's mail is considered a federal offense.

I had my attorney open the text message and asked him why and how he got it, to adress it, so what happened he talked to falahee and he put a motion in saying i needed to provide my phone number because emailing wasnt working out for him, courts were told about him having it from opening my phone bill, that was it they moved on

Did you file a complaint about the violation of your privacy? In Michigan, unauthorized access to someone else's mail is a federal offense.

Tried to but it he said he didnt do it nor did he have my number, my attorney wouldn't say anything and when i said no i have the proof on my phone and my attorney opened the message, things turned so bad for me thats when the 1st attorney started throwing my case, then quit on me in the beginning of my trial. The judge said i could have 60 days to get a new one but he put in the order 30 days, it was so hard to find a attorney i had to get one from Ann Arbor after that is when i started to see no matter what i was fighting a losing battle. I so wish you could look at the case ot would make the toughest person cry with what the system did to me

I'm really sorry to hear about your situation. Have you considered filing a complaint with the state bar about your previous attorneys' conduct?

The 1st one I told him I was going to so he stopped trying to sue me for * dollars, the other one i wanted to but its like i cant catch a break and said whatever to it. I figured everything was done i can finally be at peace dont make waves i dont have the strength to swim in them. Man i was wrong

I'm sorry to hear about your struggles. Have you considered reaching out to a local legal aid organization for assistance with your case?

I thought about it but I'm really having trust issues with leagl system, seems like the more i push the harder it comes back on me because everyone is afraid of McBain. Hes been in trouble on the news for his temper and wrong doings so its like they read some of the case see falahee has ties to everyone like chef and the roll over and then my stuff is being used against me

I understand your concerns. Have you considered reaching out to a legal aid organization outside of your immediate area for assistance?

I'm gonna have to because I'm fixing on jumping chain of command and just go file happy one to foc one to jackson one to lansing supreme courts, governor her because i have message of him bragging to me on slamming inmates heads into the concrete so why not invole it all. I mean someone somewhere will actually do the job

What is the nature of the message where he is bragging about slamming inmates' heads into the concrete?

General Information:
- If it's a threat, it's a crime in Michigan.
- Lansing Supreme Court: * W Ottawa St, Lansing, MI *, USA. Phone: +* *-*-*.

I turned all that in to his upper ups and his supervisor along with pictures of him drinking with minors his 14 year old daughter smoking weed, to get served paperwork that he was sueing me and if i didnt back off i would face legal actions so i stopped because i have no idea what they are capable of. But now why not go as high as i can because the courts gave him my son. ive proven his abuse i I subpoena the house cctv footage but he never turned it in and i was told theres nothing i can do. Hello why not court order leagl stuff and once again mcbain brushed it off, i speak up for myself * time and i though hell was coming for me. I was told i wasnt allowed to talk id be in contempt but its like a person can only take so much of not being able to defend themselves dr

What steps have you taken since you received the threat of legal action for reporting his behavior?

I left it alone until he sent my fiance one he sent the attorney the messages i had the threats he made towards me with his target practices telling me id be next and told him he might want to actually do his job before threatening us. That was it. The upper ups said theyd do a investigation but never did.

Have you considered reporting these threats to the local police department? In Michigan, making threats can be considered a criminal act.

Was told to file at court, which was a big no for me because mcbain made it very clear he supportes military and correction officer all the way. And hes proved it very well. Just tried to keep peace so i wouldnt get retaliation

Have you considered filing a complaint against Judge McBain with the Michigan Judicial Tenure Commission?

Actually yes and i wanna say they are in Brownstown which is * minutes from me i live by Grosse isle. But being so tired confused i been having anxiety attacks to the point i get sick and i feel scraed of pissing him off so i havent done anything today but talk to you because i dont have room for mistakes. Like i have to be on my A game so they listen

I understand your concerns. Have you considered seeking help from a mental health professional to manage your anxiety? It's important to take care of your mental health during this stressful time.

Nope because he already tried to use that on me in court then had my fiance ex wife use it against him in court. Im stuck

What specific allegations did they make about your mental health in court?

General Information:
- In Michigan, mental health can be a factor in custody decisions, but it's not the sole determinant. The court considers the best interest of the child.

They said i had a metal break down that mental health runs in my family, but i then said its called anxiety you tell what person can go through her own court case for this long then to be drugged into someone else case for false stuff that my ex wanted to start because i we told him to stop buying me flowes bringing them to my job and he can stop witg the jewelry he got so made he warned us he was gonna throw a monkey wrench into my guys case. Went a friended a peroson hes not allowed to talk to because of his job but risked it to hurt us.

What specific actions did your ex take that you believe were intended to hurt you and your current partner?

Tried saying I was crazy, unfit, child abuser i mean to the extreme.

Tried saying I was crazy, unfit, child abuser i mean to the extreme

Can i file in the county i live in now ive lived in Wayne County for 7 months, i don't want it to be in jackson anymore because they aren't doing there jobs and i want to be heard and out there i want the Gallant name runs that town.

What type of case are you looking to file? This information will help me provide the most accurate advice.

Motions on custody motion on circumstances because i had to move. I mean if i don't have any open cases or there why can't i transfer to a different country, they are letting my fiancee ex move there case to Ohio

What is the current status of your custody case and in which country are you planning to move?

County sorry. Wayne County michigan is where i live now

What is the current custody arrangement and has there been any significant change in circumstances since it was established?

For general information, in Michigan, you can request a change in custody if there's a change in circumstances.

They filed Motions but never served me they went to court on June and he won physical custody when we both had * *. I had no idea about it i represent myself which they know, he got mad at me yesterday and handed me a copy of the judgment at our son's football practice. So he's had this judgment since June no one informed me we been doing weeks on weeks off but now he's mad and informed me that i get everyother weekend and i have no

What is the exact date of the judgment? This is important to determine the time frame for filing an appeal or motion to set aside the judgment.

Court was june 8th judgment says june 20th

What actions have you taken since you received the judgment?

I haven't done anything i was served the judgment by him last night and I've been crying all day and don't want to make a mistake so I'm trying to calm down sleep since i haven't before i make moves

What is the reason for the change in custody from */* to your ex-husband having physical custody?

I have no idea i don't have the motions he filed. Thought everything was good because weve been getting along

What is the name of the court in Jackson where the original custody case was filed?

Jackson county Michigan judge McBain Andrew gallant vs ****stashick

What is the reason your ex-husband gave for requesting a change in custody?

For general information, in Michigan:
- A parent can request a change in custody if there's a significant change in circumstances.
- The court will consider the best interests of the child when deciding on custody changes.

I dont know judgment says custody, parenting time and child support. I th

What does the judgment say about the reasons for the change in custody?

Just says because i didnt show up they ruled for him

What is the exact wording of the judgment regarding your absence? In general, courts may rule in favor of the present party if the other party doesn't show up.

It says Plaintiff filed a motion regarding custody, parenting time, and child support. Plaintiff and his legal counsel appeared for a hearing on the motion on Thursday june 8th Defendant failed to appear, at the hearing the court made the following order Plaintiff is awarded primary physical custody Defendant parenting time is modified to resonable rights as in handbook Defendant shall i ensure that the minor child is taken to his extracurricular events during her parenting time child support shall immediately reserved Plaintiff shl

What is your specific question or concern regarding this court order?

Ex Husbands Unfair Custody

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