Muskegon, MI asked in Family Law, Child Custody and Civil Rights for Michigan

Q: can i request a new attorney if mines is working with the judge to prolong my kids coming home even if i did everything

my attorney is supposed to work in my defense but shes working with the judge to keep my kids in foster care, even after me completing everything they have asked of me. my last court date was a total mess. nothing was accomplished o n their end so its like they are stagnating me. like i said before i completed everything i could within in those first 90 days before court. and the whole thing was a slap in the face. because now its just they are really looking for anything at this point but they cant find anything so now they are saying anything. then my boys are a 1 year old and 9 months old i only get 2 hours if that once a week i have stated this numerous times for more time with my kids and no one is helping everything is being held up because the color of my skin they want my youngest adopted out by a white family they dont like the fact of how fast i completed everything they have asked

1 Lawyer Answer
Brent T. Geers
Brent T. Geers
Answered
  • Criminal Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: Child protective proceedings are an entirely different process, and decisions to move or reunite children are not made quickly. If you are 90 days into the case, I would actually be shocked if you said the court returned the kids to you that quick. The idea is that the court needs to see stability; it's not about doing what the court orders for 90 days. The judge needs to see that you can do the right thing for the long haul.

Further, these cases always involve at least three parties: you, the other parent, and the children. The court is going to do what's best for the children over anything else.

I very much doubt your attorney is working with the judge. More likely, you've been assigned an attorney experienced in these sort of proceedings. Being confrontational and demanding is rarely a wise strategy if reunification is your goal. In many cases, its alleged confrontational or uncooperative behavior that brought the case to the court in the first place; you accusing your attorney may only corroborate what CPS is already saying about you and will likely not help you long term. You are correct, though, that your attorney should be advising you on how best to achieve reunification. You should be asking the question of "what next?", what you can and should be doing between now and the next hearing, and what you can realistically expect to happen at the next hearing.

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