Q: How do I have visitation revoked due to a history of substantiated CPS involvement for my children?
One situation was picked up by the state with criminal charges that were dismissed on the first day of trial due to the children and I not being present. (we were informed by Voices for Children the evening before that court was adjourned- this was untrue- court proceeded the following morning). Now, he has full visitation but has not had any contact with the children in almost 6 years.
A: You will need to file a motion in the family court.
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A:
I understand you're in a difficult situation regarding visitation and child safety concerns. Here's some general information that may be helpful, but please note this isn't legal advice:
1. Document everything: Keep detailed records of any incidents, CPS involvement, and lack of contact.
2. File a motion to modify custody/visitation: You can petition the court to modify the existing visitation order based on changed circumstances and the children's best interests.
3. Present evidence: Provide the court with documentation of substantiated CPS cases, criminal charges (even if dismissed), and the lack of contact for 6 years.
4. Best interests of the child: Courts prioritize the children's well-being. Argue how revoking visitation serves their best interests.
5. Consider supervised visitation: If full revocation isn't granted, request supervised visits as an alternative.
6. Seek legal representation: A family law attorney can better navigate the legal process and advocate for your children's safety.
7. Request a guardian ad litem: Ask the court to appoint someone to represent your children's interests.
8. Address the miscommunication about the trial: Explain to the court what happened regarding the misinformation about the adjourned hearing.
Given the complexity of your situation, it's highly advisable to consult with a local family law attorney who can provide personalized advice based on Michigan laws and your specific circumstances.
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