heres my case

[lovemygirl]

I need any help you guys can give me ,I am 25 ,living in berrien county michigan, i have a 6 year old daughter , i was never married to her mother and we have been split up since before my daughter was 1,and i have been with my fiance since a month before my daughters 1st birthday,the bm has had several live in boyfriends over the last couple years and the most recent  who she is having another child by she has been off and on with him for 2 years , he has two cases of domestic violence with her and he has been on and off probation for numerous drug charges,and she will leave him and drag my daughter around and then will just come back we are going in for a prelim tomorrow, I am going for sole physical and joint legal, what are my chances and what are any tips you have pleasehelp!

p.s. we have pretty much shared custody over the last 5.5 years and i also have a 4 year old daughter with my fiance, I never really had any problems with her until now, i paid child support for about a year and then we got it suspended in 2000, because we both agreed that we were sharing expenses.

[MYSONSDAD]

Have you been documenting everything? I would think this child is in danger with this boyfriend. Do you have an attorney?

I would be getting those domestic violence reports along with his drug record. A lot of this is public record and can be found thru your county courthouse. Also check his driving record while your at it.

This does not sound like a good home life for your daughter. Make sure you have pictures of your home and her room. You will need to prove your home is better. Dot all your I's and cross the T's.

Do you have a current CO? Already having her 50% of the time will help you with custody.

Just a thought, I would be getting on RO on the boyfriend and not have him get anywhere near this little girl.

Bottom line, this is child endangerment.

"Children learn what they live"

[Lawmoe]

Custody determinations are based on the totality of circumstances. As a result, you cannot take one small part of the picture and ask what your chances are for custody.  

Certainly stability and safety are issues. The other parent's lack of residential stability is a factor as her relationships with abusers may be.  It is critical to point out how and why those issues have adversely affected the child.

Some factors that you should focus your arguments on include:

(1) The wishes of the child's parent or parents as to custody;

(2) The reasonable preference of the child, if the court deems the child to be of sufficient age to express preference most Courts do not consider the child to be of suitable age until the age of twelve or more.  the exception to this rule is Tennessee which gives a presumption to a child's desires if the child is over the age of 14;

(3) The child's primary caretaker (who cooked the meals, took the child to the doctor, bathed the child, attended school functions and extra-curricular activities, helped with homework, provided discipline);

(4) The intimacy of the relationship between each parent and the child;

(5) The interaction and interrelationship of the child with a parent or parents, siblings, and any other person who may significantly affect the child's best interests;

(6) The child's adjustment to home, school, and community;

(7) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;

(8) The permanence, as a family unit, of the existing or proposed custodial home;

(9) The mental and physical health of all individuals involved;

(10) The capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child's culture and religion or creed, if any;

(11) The effect on the child of the actions of an abuser that has occurred between the parents or between a parent and another individual, whether or not the individual alleged to have committed domestic abuse is or ever was a family or household member of the parent; and

(12) The disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child.

The court generally may not use one factor to the exclusion of all others.

[antonin]

In Michigan, Domestic violence is a custody factor, along with the 12 previously mentioned.

[MYSONSDAD]

If this was in my hands, I would take one factor at a time and make a folder with documentation to substantiate your case.


"Children learn what they live"