Q: My ex was arrested for Assault(x3) and domestic violence, wreckless driving. I need to keep the kids from her?
Domestic was on her new boyfriend, his ex and his parents.
A: Depends...were the kids present when this happened? Otherwise, she's got a criminal matter going on that doesn't necessarily have anything to do with the custody and parenting time at this point. If you have concerns about her parenting ability related to these charges, you should address them with the family court judge for a decision.
A:
The issues you described may or may not be relevant to her ability to be a parent, but the real issues are 1. does she have mental issues (with anger), 2. does she have substance abuse issues (based on her behavior), and 3. does she have a safe and proper place for the children during her parenting time, and 4. does she have a valid driver's license now? There could be many other issues that might be relevant to her custody and parenting time and you should talk to a family law attorney as soon as possible to determine the best action to take (if anything). Changing custody and parenting time is not easy. If you are going to take action based on her recent actions, you need to do it now. If you wait a year or more, the court will likely ignore it because it was too long ago to consider, and it suggests that it wasn't important enough for you to take action. You need to contact someone asap.
Please note that I am a Family Law attorney in Michigan, but not YOUR family law attorney in Michigan. This response is for informational purposes only and does not create any attorney-client relationship. Best wishes.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
