Q: My husband's biological kids are in foster care currently, placed with his mother. Can a judge force me out of our home?
I am not the children's biological mother (deseased) but I have been raising them as a stay at home mom for the since they were 2 and they are now 7. My husband and I both relapsed in our addiction and they children were removed. He has stayed sober and I relapsed 3 months ago. I went into long term treatment and now the state (MI) is not letting me talk to the kids or see the kids. I understand I do not have legal rights but they kids have expressed that they want their mom. The state is now telling my husband that I can't live in our home and are threatening a marital separation which neither of us want. Our goal is to get our family back together, which is in the kids best interest, but they are not seeing it that way. Can they order me out of the house even though I said I would leave when they kids were there? I don't see how I'm hurting anyone being here when they aren't there. Also, what rights do I have as a spouse?
A:
These situations are always messy and complex. I assume that you are legally married. You do have rights as the spouse, including the right to remain living in the marital home. HOWEVER, your husband is at risk of having his parental rights terminated. Whether the basis for that action is your actions, his actions, or some combination, they are his rights to lose at this point.
They can and will force your husband to make some difficult choices. At times, this takes the form of removing someone the court believes fosters an abusive or neglectful condition that by statute can lead to termination of parental rights. Like the entirety of the treatment plan, even when ordered, your husband ultimately may choose to comply or not. He can fight it all he wants, but non-compliance, in the world of termination of parental rights cases, will lead to him losing the kids.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
