Westland, MI asked in Domestic Violence, Child Custody and Family Law for Michigan

Q: After being abused reporting to the police and an arrest is made who is responsible for the children?

Can the abuser dictate where the kids go?

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

A: In all cases where children are involved, whether as victims or witnesses, the police would contact Child Protective Services (CPS). That agency is responsible for the investigation, removal, and possibly placement of children in abusive or neglectful situations.

If a parent is arrested for abusing a child, the other parent would likely receive the child (provided they are not also engaged in the abuse or neglect). That would be the case even if the child lived only with the arrested parent, assuming the other parent is willing and able to receive the child. In the alternate, placement would be with a willing and able relative of the parent. Should that fail, then the child may be placed in foster care. So the priority goes: 1) other parent, 2) relative, then 3) foster care.

The abuser does not dictate placement.

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