Detroit, MI asked in Child Custody, Child Support, Divorce and Family Law for Michigan

Q: Do I have a chance to still get shared custody 8 months ago my wife abandoned our home with the kids and got a ppo?

Am I screwed?

On June 11 last year while I was at church my wife abandoned our marital home and took the kids with her, the very next day she filed a ppo with a petition full of lies and false allegations about me physically and verbally abusing her (with no evidence of course) we had a hearing on November of last year where in spite of no evidence the judge kept the ppo in place my wife also brought her mother to add to the lies by claiming that I abused our oldest son. I haven’t been able to see my kids in 8 months up until she moved out I had full access to them we have a prejudgment motion next month to wrap up the divorce/custody she’s trying to get full legal and physical custody and tried to say that I need supervised visitation. Based upon what I’ve typed up do I still have a chance to be granted joint custody or am I possibly screwed?

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

A: You sound like you are aware this will be an uphill battle. Are you screwed? No! Of big concern is why you haven't seen the kids in 8 months; is that because you never raised this issue with the court or your soon-to-be ex is just not complying with the order? I think with that amount of time passing, you got to expect a judge to lean toward some period of supervised parenting time just to get a relationship going again. It will not be forever though.

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