EMERGENCY HELP FOR MY BROTHER!!!!

[MafiaMom]

Last night my brother's ex's sister came to see him. Seems his ex and her bf got into a fight, she threw a vase at him, hit him in the head, sent him to the hospital, and she now has an assault and battery warrant out for her arrest. He kicked her out of the house so she's staying at a hotel. The sister said their son is in a very bad, very violent environment and he needs to take his son from her. She said there were loaded guns in the house, she and her bf are raging alcoholics, they leave the child alone a lot while they work, and plenty of other things. Supposedly the sister, brother and mother all agree that the child needs to be with my brother. This isn't the HALF of it - too long to go into the entire history though.

My bro contacted his ex and told her she needs to let him keep their son until she gets her life in order. Her response was "absolutely not."

I know he needs to file for an emergency temporary custody hearing, but the atty he uses, he doesn't have faith in for this situation. I'd hate for him to use an atty who is not familiar with his situation, however, it's what he wants to do.

I told him to get his son's attendance records from the school (cuz in kindergarten he was late CONSTANTLY for afternoon kindergarten classes cuz she couldn't get out of bed to get him there by noon) and to see if he can contact the sister, brother and mother of his ex to make sure they'd be willing to testify against his ex to help him gain custody. I told him to see if they will at LEAST sign a notarized statement, just in case the "I can't do this to my sister/daughter" comes into play later.

I guess my question is two fold:

1). What can he do NOW, at this moment, to help him get this emergency custody

2). Does anyone here know a STRONG family lawyer in Macomb County, Michigan?

[Peanutsdad]

1. He can file a motion to modify custody. Further, with an aggressive attrny, he cOULD file a ex parte hearing for emergency orders. In addition, they ALL need to get together and call cps.

2. Im sorry, I dont know a good attrny there,, but I'm bettin someone does.  With her warrant, and no place to live,, that amounts to a significant change of circumstances.


Tips For Getting Started
http://www.deltabravo.net/news/10-19-2000.htm

How To Hire An Attorney
http://www.deltabravo.net/custody/hiring.htm

Hiring An Effective Attorney
http://www.deltabravo.net/custody/effective.htm

Success Factors In Obtaining Custody
http://www.deltabravo.net/custody/tips.htm

http://www.deltabravo.net/custody/missed-visit.htm

Suggestions When Falsely Accused
http://www.deltabravo.net/custody/falseacc1.htm

Dealing With Threats Of False Allegations
http://www.deltabravo.net/custody/blackmail.htm


 http://www.deltabravo.net/custody/pplan3.htm



One of the first things you'll hear around here is "Document, document, document!". Having good records is *crucial*. Get yourself either the Parenting Time Tracker (PTT) at: http://www.deltabravo.net/custody/tracker.htm or the OPTIMAL Custody Tracking service at: http://www.parentingtime.net. The PTT is good, but the OPTIMAL service is definitely better.


 Contempt, Child Support Enforcement and You
This article will address what exactly contempt of court means to you, and more importantly, what to do about it.
URL: http://www.deltabravo.net/custody/contempt.htm

[MafiaMom]

1). Can he file the ex parte himself? We can't get ahold of his attorney right now.

2). We don't know WHICH hotel she is residing in so she can't be served. I know an ex parte motion means only one party need be present, but could this pose a problem?

3). I've been telling him to document...he's done good. Is there anything else he should do? He already has the sister willing to testify and she'll make herself available today if necessary.

4). Is there a way for him to get a copy of the arrest warrant for proof of that? Or the police report - he's not a party to the report

[kiddosmom]

1). Can he file the ex parte himself? We can't get ahold of his attorney right now.


I would not suggest him doing this. If he messes up in anyway it can be really bad.


2). We don't know WHICH hotel she is residing in so she can't be served. I know an ex parte motion means only one party need be present, but could this pose a problem?

Do you know what town she is in? If so drive by them and find her car, or call all of them and ask for her.

3). I've been telling him to document...he's done good. Is there anything else he should do? He already has the sister willing to testify and she'll make herself available today if necessary.

Get the PTT (Parent Time Tracker) here on this website, and keep a DAILY journal. Mark the top of each page 'Confidential RE: Lawyers name'
Even though she says she is willing, she can change her mind when push comes to shove. Have her write out her testimony and have it noterized.


4). Is there a way for him to get a copy of the arrest warrant for proof of that? Or the police report - he's not a party to the report

Police reports are public, you can get a copy. They may mark out somethings like SS# or DL #'s, but you will have the report for your record and you can sopena (sp?) someone from the police records to testify.

[Peanutsdad]

Yes he can get a copy of the police report AND warrant. Have him go to the courthouse where his case is filed, ask for and fill out a subpeona listing what documents he wants.

Then, either pay a process server, or have a freind take the subpeona to the police station. They wll hand over the documents. If its really good,, fill out a second subpeona for the Custodian of Records at the pd station, and to have that person bring a certified copy of the documents to court on the day of the hearing.