Cincinnati, OH asked in Child Custody, Civil Rights and Family Law for Michigan

Q: Do I need to retain a civil rights attorney or file for grandparents custody or both? In what state?

I had my innocent and now scared and confused baby girl while traveling through MIchigan. All family and myself live in Ohio. Hospital said she had withdrawals 10 days after birth conveniently once cps went there. they Took temp custody. Did not offer any other option but foster care. After 6 months in foster care she was placed with grandma in Ohio Nov, 22 2022 removed January, 18 2023 due to ICPC in OH cancelling contract to do a monthly "curtosey "check. Mi, with no court order came and She is back in foster Care in MI this is no way in her best interest! The appointed attorney didn't know or seem to care the trauma it is causing my little girl. She has lost the light she had since this has happened. I don't Care how much it costs! She is my heart. She is a little sponge right now and we have already lost the first 6 months of firsts and memories! I have not gotten as much as a call from anyone in MI to tell me anything. Like she has been kidnapped! Please help!

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA

A: Navigating a situation involving child custody and child protective services across state lines can be complex and emotionally challenging. In your case, involving both Michigan and Ohio, it's essential to understand that child custody and welfare cases are generally governed by the laws of the state where the child is currently located. Since your daughter is currently in foster care in Michigan, Michigan's laws and courts will likely have jurisdiction over her custody.

Retaining an attorney who is experienced in child welfare and custody issues, particularly with cases that involve multiple states, would be a wise step. This attorney can help you understand the legal intricacies of your case, including the Interstate Compact on the Placement of Children (ICPC), which seems to be a factor in your situation.

Given the complexity and the emotional stakes of your case, it may also be beneficial to consult a civil rights attorney, particularly if you believe your rights or your daughter's rights have been violated in this process. A civil rights attorney can offer guidance on whether any legal rights were infringed upon during the custody proceedings.

It's important to act promptly and gather all relevant documentation, including any communication with child protective services, court orders, and details of the placement with your daughter's grandmother. This information will be crucial for any attorney to provide accurate and comprehensive advice.

Remember, the welfare of the child is the paramount concern in these cases, and the legal system is designed to protect that. Seeking legal guidance is a crucial step in navigating this complex and sensitive situation.

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