Custodial parent is living in storage shed.

[ConfusedMIMom]

What is the name of your state (only U.S. law)? MICHIGAN

My daughter's dad has been homeless since his father died about 4 months ago. First he was couch hopping, so my daughter was staying with me. Then he got into a church housing program but he got kicked out of that recently so she is staying with me again.

He is currently living in his storage unit.

I feed her, bathe her, take her to and from school, take her to friends, have taken her to my other kids pediatrician, etc.

I have tried to help her father get on his feet, have driven him around, bought him food, given him the info to shelters and everything else I can think to help him get on his feet and he has not taken me up on any of the ones I have tried to help him get into.

He is a good dad for the most part and we made our peace long ago, but our daughter has been doing poorly in school due to acting out at school and even told me today that she feels like her dad hates her sometimes.

It's obvious it is affecting her going back and forth and she clearly can't live in a storage shed.
I don't think he has anywhere else to go and because he refuses to work I don't see him getting on his feet any time soon but I can't legally stop him if he decides to come get her and make her stay at the storage shed and that is clearly no place for a 7 year old to live.

I don't want to but I feel it is in my daughter's best interest to try to get custody of her.

What is the best way to go about this? I have tried to find a lawyer I can afford and as of yet have not been able to.

Any advice would be appreciated.

 

[Proserpina]

What is the name of your state (only U.S. law)? MICHIGAN

My daughter's dad has been homeless since his father died about 4 months ago. First he was couch hopping, so my daughter was staying with me. Then he got into a church housing program but he got kicked out of that recently so she is staying with me again.

He is currently living in his storage unit.

I feed her, bathe her, take her to and from school, take her to friends, have taken her to my other kids pediatrician, etc.

I have tried to help her father get on his feet, have driven him around, bought him food, given him the info to shelters and everything else I can think to help him get on his feet and he has not taken me up on any of the ones I have tried to help him get into.

He is a good dad for the most part and we made our peace long ago, but our daughter has been doing poorly in school due to acting out at school and even told me today that she feels like her dad hates her sometimes.

It's obvious it is affecting her going back and forth and she clearly can't live in a storage shed.
I don't think he has anywhere else to go and because he refuses to work I don't see him getting on his feet any time soon but I can't legally stop him if he decides to come get her and make her stay at the storage shed and that is clearly no place for a 7 year old to live.

I don't want to but I feel it is in my daughter's best interest to try to get custody of her.

What is the best way to go about this? I have tried to find a lawyer I can afford and as of yet have not been able to.

Any advice would be appreciated.

I'll go out on a limb and say you'll want to file immediately for an ex parte order.

General info: http://michiganlegalhelp.org/self-help-tools/family/changing-custody-order

And for Friend Of Court info, which may be far more important: http://www.legislature.mi.gov/Publications/FriendofCourt.pdf

 

[Just Blue]

px Hx

 

[Ohiogal]

I'll go out on a limb and say you'll want to file immediately for an ex parte order.

General info: http://michiganlegalhelp.org/self-help-tools/family/changing-custody-order

And for Friend Of Court info, which may be far more important: http://www.legislature.mi.gov/Publications/FriendofCourt.pdf

Immediately? Apparently this situation has been ongoing since 2013 and OP has done nothing in that time period. And she "doesn't want to get custody" of her daughter? Good grief. She has issues.

 

[CJane]

Immediately? Apparently this situation has been ongoing since 2013 and OP has done nothing in that time period. And she "doesn't want to get custody" of her daughter? Good grief. She has issues.

It doesn't sound to me as if it's ongoing. It sounds to me as if there was a similar issue 2 years ago, and the collective we told her that there was no reason to seek custody, because "being homeless doesn't make a parent unfit". Now, the issue is that he's homeless AGAIN, and the child is acting out at school.

Also, there's a difference between not wanting custody of a child, and not wanting to (or being able to) go through a lengthy court battle to get it.

Mom, it actually sounds to me like you and Dad are working this out ok between the two of you. Is there an end in sight? He can't live in a storage locker forever.

If it were me, I would of course keep the child as much as possible (which it sounds like Dad is cool with), and see how things go over the summer. If there's no improvement by Fall, file for a modification.