Custody/Visitation

[MafiaMom]

I've never written to you before, so excuse me if this is too long for you...

Here are the facts:

Parties were never married, cp moved out 7 years ago while ncp father was at work, hid the child for 6 months until forced by the court to allow visitation. Much, much more since then, but here is a recent problem we need help on

All parties reside in Michigan

On April 28, 2004, the mother was arrested for assault with a deadly weapon against her boyfriend. She was beating her boyfriend in the head with a vase and was arrested on the spot while drunk.

On May 3, the cp's sister approached the ncp father stating "You have to get (child) out of that house before he gets hurt.

The mother was homeless, because her boyfriend now has a PPO against her and won't allow her back into the house and had been living in hotels.

The mother has a criminal record showing she had a conviction for stolen property

The mother's two sisters, brother in law, and stepmother were at the ex parte hearing on 5/4 to testify that the mother has a drinking problem and becomes drunk to the point of passing out on a regular basis.

While at the hearing, the ncp was arrested in court on the AWDW warrant and stood before the judge in handcuffs.

There was evidence available to be presented that while the mother is in her drunken state, she instructs her 9 year-old son to go on errands for her, and he must cross two busy, four-lane streets in order to do this.

Evidence was available to be presented that the mother has two DUI's in the past five years.

Evidence was available to be presented that in the past 6 months the mother has tried to commit suicide twice; was held for observation in a psychological ward for three days. This was done after the police broke down her door to see her with a loaded gun pointed at her head while my nephew slept in the next room.

On the second occasion she called her father from her cell and told her she had a gun in the car with her and was on her way to kill herself.

The child's attendance record stating he's been tardy 15 times and absent 8 this quarter

Result: The judge listened to the two attorneys, refused testimony from the mother's family who wants the father to be given temporary custody.

The Judge said, "There's no need for an emergency change of custody at this point. We're remanding it to FOC for their investigation and recommendation." This is based on the child's grades alone - all the judge looked at was teh report card and did not allow us to present our proof or our witnesses

The child has been in danger for a great period of time,  in the custody of someone who not only has violent tendancies, substance abuse issues, is homeless and is grossly mentally unstable.

Today is his regularly scheduled visitation day. The papers state he is to pick the child up at 4:30 and return him to school tomorrow. He has been picking child up right from school at 3:30 but cp told him if he does, the police will be called.

QUESTIONS:

1). Should he show up at her place of employment at the time in the court visitation papers (4:30) to pick up the child today?

2). If she will not release the child, what should he do?

3). What can we do that will make the FOC listen to the evidence we have - specifically the cp's family's testimony - during the custody review?

[socrateaser]

I need clarification:

1. Your facts state that "ncp was arrested on the AWDW." I assume you mean "cp," correct?

2. Your facts state that "stood before the judge in handcuffs." This implies that there was a hearing of some type. In what court was this hearing (criminal court or juvenile or family)?

[MafiaMom]

I'm sorry - yes, I meant the CP was standing their in handcuffs

Second, the hearing was the ex parte hearing in family court for emergency temporary custody. The cp was arrested on that AWDW warrant while in that courtroom.

[socrateaser]

>QUESTIONS:
>
>1). Should he show up at her place of employment at the time
>in the court visitation papers (4:30) to pick up the child
>today?

Little late for advice on this, huh. But, I would have said "do what the orders state."

>
>2). If she will not release the child, what should he do?

Call the Sheriff.

>
>3). What can we do that will make the FOC listen to the
>evidence we have - specifically the cp's family's testimony -
>during the custody review?

FOC will take whatever evidence you wish to submit. I am amazed that the judge didn't believe that the mother's behavior was of sufficient concern to make an emergency custody change, but your only other alternative is to file an interlocutory emergency appeal with the appellate court, and such appeals are very rarely granted -- unless you're a major public figure with loads of media access.