Contrary to some opinion, judges are not mindless or impractical. Most every family court judge has seen this sort of scenario before. The dad will get some parenting time if he asks for it, and so long as he is appropriate with it. No, the court will not just send your son off on a plane or in a... View More

Are you looking to adopt a different child? If your parental rights have been terminated, you face a significant uphill battle. First, you have no say in who can adopt your child or children; nor can a court direct it. Second, if your rights have been terminated, you almost certainly are on Central... View More

What about the father? Depending on what's going on, you could try to pursue a guardianship. But if there is an available father, and custody is not appropriate with mom (your daughter), the father will take priority over you. It doesn't matter if you raised the kids; the court will first... View More

You should speak with an attorney versed in the Indian Child Welfare Act (ICWA) and Michigan Indian Family Preservation Act (MIFPA). Bottom-line up front is that different rules apply with native american children and families.

Was drugs the only issue? Have they asked you to do any other services? It sounds like what happened is what's called a voluntary removal - done without court order. If you push the issue, and CPS believes they have grounds for removal, they will get a removal order and file a petition against... View More

There are 12 "best interest" factors the court uses to determine custody.

Yes there is: if you provide the majority of support over the year, you may claim them. That can be modified by court order (e.g. the judgment of divorce).

Best thing to do would be to file a motion with the court to address this. You could be right in the eyes of the IRS but in violation... View More

Child protective proceedings are an entirely different process, and decisions to move or reunite children are not made quickly. If you are 90 days into the case, I would actually be shocked if you said the court returned the kids to you that quick. The idea is that the court needs to see stability;... View More

What does your judgment of divorce say about legal custody? If you don't have joint legal custody, then if she went to jail, it's possible for the children to be placed in the care of someone else.

You will either need to connect with your legal aid attorney to figure out what's going on or go to the courthouse's legal assistance center for assistance on how to fill out the forms yourself. Other than legal aid, you will be hard pressed to find an attorney willing to take on a family... View More

Ex parte orders, when granted, are entered without notice to the other party. They are, by their nature, emergency motions.

Once entered, you should receive a copy of the order, which has notice requirement language explaining how to object. Without going too far into the logistics, you... View More

You may have difficulty terminating his parental rights, but have you thought about a step-parent adoption? Your ex may be inclined to voluntarily terminate his rights (and support obligation) in place of your spouse.

I wouldn't worry so much about what your grandparents can or cannot do as I would what CPS will do. You run the risk of CPS filing a petition and requesting removal of the children - potentially into foster care, and exposing you to termination of your parental rights.

Make no mistake:... View More

Does the child live with the grandparent? Does the father have legal custody? Would the drug-addicted parent agree to guardianship? Is CPS involved? A lot of factors are in play, that you'd have to work through.

CPS is an investigative agency; they are not responsible for making custody determinations - that's up to a judge. Much like the police, CPS starts an investigation based usually on a call. You can make that call; but you also should realize that there are a host of "mandated... View More

Generally, each party pays his or her own attorney fees. No one has a right to an attorney in divorce proceedings. If a party cannot afford an attorney, assistance may be available through the local legal aid office.

Unfortunately it sounds like your daughter is going to need the services of a family law attorney.

Unfortunately, there's not much recourse. Your issue is more common than a lot of people realize. Fortunately, a lot of courts are becoming more aware of the issue, and particularly with certain companies, to the point where some courts have changed providers. All you can really do is what you... View More

You should contact Child Protective Services. Depending on your profession, you may in fact have a legal obligation to do so (Mandatory Reporter). No, you can't just apply for guardianship though.

Is there a child support order? If so, you may need to address some of this with the friend of the court. You may also need to make a motion in court about the stimulus money and to make clear who can claim the children for taxes.