Child Custody Dispute Michigan

Summary

The user, a mother from Michigan, is concerned about her childrens safety during their fathers parenting time. She alleges that he has displayed reckless driving, road rage, and has unstable living conditions. She has documented these incidents and is considering legal action to modify custody or visitation rights. She has previously reported these incidents to Child Protective Services (CPS) and has consulted with a lawyer. She was advised to gather more evidence, consider seeking a protective order for her children, and consult with a school counselor who could provide testimony in court. She was also informed about the possibility of free legal aid if she meets certain income requirements.

Full Conversation

Hi there I'm in Michigan and I'm divorced my ex husband had our two kids last night for his parenting time and he was upset with our 10 year old daughter (our son is *)and drove his vehicle drifting it sideways through traffic because he was mad she didn't want to talk to him. This is not the first time he has drove crazy with our children. The littlest things make him very upset. Our kids were so terrified they were thinking of sneaking away and walking home. He has gotten in road rage with other people on the road almost fighting a man in a parking lot with our children in the truck. He also has been upset because our daughter said she doesn't want him to go to her school field trip and he got mad left our kids in the truck and walked away screaming and throwing a fit. He does not have a home for them he is living in his shop (barn) and is trying to build living quarters but he has no plumbing no bathroom they go a bucket with a toilet seat. I've called CPS but they don't show up there they just call him and he lies says he's living with his mother. He lies to court also where he stays. I don't know what to do. I really think he should have supervised visits or the children taken away. My children keep asking if they could stay and not go with him. They don't want me saying anything about how he is because they are terrified he will get mad and be violent towards them. I'm afraid if I bring it up in court they won't take the children away or have supervised visits until they're * and he will go crazy when he has them again. What are the chances a judge will do something about this is it worth trying? I'm very worried about my kids safety and I feel friend of the court and CPS does no good. Thank you for your time!
Have you documented these incidents and do you have any evidence such as text messages, emails, or witnesses who can corroborate your claims?

In Michigan, the court considers the best interest of the child when determining custody and visitation rights. This includes the child's emotional, social, moral, material, and educational needs. If the parent's behavior is endangering the child's physical or emotional health, the court may modify the custody or visitation order.

- Michigan Court: * S Main St, Mount Clemens, MI *, USA. Phone: +* *-*-*.
I have documented them. My children are the only witnesses. I have witnessed his road rage when I was married to him. My daughter said she video his behavior but that's on a tablet he owns. Which worries me she was scared didn't know what to do. She messaged two friends telling them what was going on.
Has your daughter's friends kept the messages she sent them? They could serve as evidence. In Michigan, evidence of a parent's dangerous behavior can influence custody decisions.
Not sure if she has
It would be helpful if those messages are preserved. They could serve as potential evidence of his behavior.
Ok
Have you considered seeking a protective order for your children against your ex-husband due to his violent behavior?
Explanation: In Michigan, you can apply for a Personal Protection Order (PPO) to prevent harmful or harassing behavior.
I have not for the children I have had one for me in the past it was for about 4 years then he hired a lawyer and it was terminated because he wasn't showing bad behavior on camera which is hard to get of him.
Have you consulted with a lawyer about your situation? In Michigan, a lawyer can help you navigate the process of modifying custody or visitation orders based on the best interest of the child.
I have mentioned some things before that he has done to a lawyer about 2 years ago she said I didn't have enough to get them away from him
Do you have any recent incidents or evidence that could strengthen your case? In Michigan, courts prioritize child safety and well-being in custody decisions.
Just last night when he was driving recklessly and throwing things out the window and yelling at the children. They were the only ones who've seen it besides my daughters friend seeing the video. But that friend her dad is friends with my daughters dad
Have you considered reporting these incidents to the police for documentation and potential investigation?
I have not but my children were going to ask an adult to call police because they very scared being with him.
Have your children spoken to a counselor or therapist about their experiences? In Michigan, a professional's testimony can be influential in custody cases.
No they have not. Would a school counselor work?
Yes, a school counselor could provide valuable insight and documentation of your children's emotional state. In Michigan, their testimony can be considered in custody cases.
Ok that's good to know. I can't afford a lawyer would I be able to hire a free lawyer? I know he will have a lawyer and if I don't I know that I won't go far without one
In Michigan, you may qualify for free legal aid if you meet certain income requirements. Have you looked into legal aid services in your area?
No where in Michigan do I look?
You can contact Michigan Legal Help at (*) *-* or visit their website at www.michiganlegalhelp.org. They provide free legal information and resources for low-income individuals.
Would I be able to go without a lawyer to fight this
Yes, you can represent yourself in court, this is called "pro se" representation. However, family law can be complex and having a lawyer could be beneficial.
Ok thank you! I just don't want to go into this and he still has custody because it's dangerous for my children. What are the chances he will get parenting time still
In Michigan, the court's primary concern is the child's best interest. If you can provide evidence of his dangerous behavior, it could influence the court's decision.
I have spoke in court before about some things they don't seem to care. He has been violent in front of them and was arrested at my house 6 years ago and they still give him parenting time
Have you reported these recent incidents to Child Protective Services? In Michigan, they are obligated to investigate reports of child abuse or neglect.
I have they do nothing as well
What specific actions did CPS take after your report? In Michigan, CPS is required to investigate all reports of child abuse or neglect.
They made a phone call to him and asked if he was staying in his barn with them he lied and said he stays with his mom. They never did anything further they called me back and told me that's what he said I said he is not living with his mom
What evidence do you have to prove that he is not living with his mother but in his barn? In Michigan, providing false information to CPS can have serious consequences.
My children tell me that's were they live they said they don't go see they're grandma no more because he fought with her and her boyfriend. He punched her boyfriend and he had to get stitches he never called the police on it. I do have an email from my son saying he did that. He emailed me when it was happening
Do you have any other evidence, like photos or videos, showing the living conditions in the barn where your ex-husband is staying with your children? In Michigan, living conditions are a factor in custody decisions.
I do not but my kids could get pictures and email me them.
That's a good idea. In Michigan, evidence of inadequate living conditions can influence custody decisions. Can your children safely take and send you these pictures?
Yes they can
That's great. In Michigan, such evidence can significantly influence custody decisions. Remember, the safety of your children is paramount.
One more question would they talk to my children in court or would it be CPS? Also in Michigan do the children have a say at a certain age to who they want to live with if there's evidence of being uncomfortable with the other parent or is it *?
In Michigan:

- Children's preferences may be considered at any age, but more weight is given as they get older.
- CPS or a court-appointed guardian ad litem may speak for the children in court.