Modify Custody Arrangement Steps

Summary

To modify a custody arrangement in Michigan, file a motion citing changes and any abusive behavior. Gather evidence of abuse and improvements in your childs well-being. Even without your childrens testimonies, you can present other witnesses and expert testimony, such as from a therapist. Consider reporting to Child Protective Services if necessary. For additional resources, contact Michigan Legal Help.

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I need some help regarding custody
Hi Charlene! I'd be happy to help with your custody questions. Can you please provide more details about your situation? For example, are you seeking information on how to file for custody, modify an existing order, or something else?
My ex-husband and I divorced in *, at that time custody was determined based on the fact that I did not have a home at the time and was struggling to get back on my feet after moving to where he took my children. The custody order still stands with parenting time */* legal custody and granting him full physical custody. Parenting time is as follows I would get the children on Wednesday and Thursdays between * and 8pm. I was not granted overnights. Also would like to include that at the time his mother worked for the courts we had our hearing and is friends with the judge overseeing the case. As of today, we do not follow the parenting time as my oldest son is now living with me and my youngest son goes back and fourth, typically every other weekend and alternating holidays. At the time of the divorce I did not bring up the fact that my ex-husband was emotionally and mentally abusive through the entire marriage, including towards our sons. At this time my ex-husband still scares me so I have a hard time standing up to him. The reason my oldest now lives with me is he was being destructive at school and in his fathers home, according to their dad. Since he has been with me, I have gotten him in therapy as well as starting homeschooling, which he has improved significantly from being away from his father. I believe my other son would benefit as well, but he doesn't want to leave his father. I also never told the courts about him stalking me, as it was after the divorce and inquiring about my whereabouts when he didn't find my car in the driveway. I had to leave the area about * minutes away from my children just for my own peace of mind and knowing that he couldn't find me. Since then I have always withheld my home address from him, in fear he would start stalking me again. I would like to hire a lawyer, but right now I am unemployed and cannot afford one.
Hi Charlene, I'm here to help. It sounds like you want to modify your custody arrangement. Here are some steps you can take in Michigan:
- File a motion to modify custody with the court, citing the changes and your ex-husband's abusive behavior.
- Gather evidence of the abuse and your son's improvement.
- Contact Michigan Legal Help for free or low-cost legal assistance: michiganlegalhelp.org
Would you like more information on any of these steps?
Michigan does not offer free legal help, from what I can find. If my sons will not testify against their father, do I still have a chance to plead my case?
Hi Charlene,
Yes, you still have a chance to plead your case even without your sons' testimonies. Here are some steps to consider:
- **Document Evidence**: Collect any evidence of your ex-husband's abuse and your son's improvement since living with you.
- **Witnesses**: Look for other witnesses who can testify about the abuse or your son's well-being.
- **Expert Testimony**: Your son's therapist can provide valuable testimony regarding his emotional state and improvements.
Would you like more information about any of these steps?
How would I report his abuse so correlate with the custody case?
Hi Charlene,
To report your ex-husband's abuse in correlation with the custody case, you can follow these steps:
- **Document Evidence**: Collect all records, including texts, emails, medical records, and therapy notes.
- **File a Motion**: Submit a motion to modify custody, including the abuse details.
- **Report to CPS**: Consider reporting to Child Protective Services (CPS) for investigation.
Would you like more details on filing a motion or reporting to CPS?
no thank you
Hi Charlene,
If you need any further assistance in the future, feel free to reach out. Remember, you can always contact Michigan Legal Help at michiganlegalhelp.org for additional resources and guidance.
Take care!