Material Change of Circumstance Question

[DTOM]

What is the name of your state? Michigan

Our son was renting to own a home, the landlord didn't use his rent money to pay the mortgage on the home (used it to pay mortgage on another home he was losing),so the home they were living in was foreclosed on. They have moved into our home with their 7 children. One child is our son's daughter from a previous relationship that he gained custody of over 2 years ago, after mother lost her to the state. The mother has now filed for custody just one week after our son moved into our home, citing the fact that they had to leave their home, and also stating falsely that our son does not have a job, he is working but with the economy as it is here, there are some weeks he only works a few days, he is a truck driver and automotive plants are slow right now. She also has made several other false accussations. My question is, is the fact that he is now living with us temporarily until he can find someone willing to rent to a large family, and some time to get a security deposit,( was not planning on moving) and the fact that his work is slow right now, enough for the Friend of Court to take away his custody? Is that a material change in circumstance? He is waiting for a call back from an attorney, he hopes he can work out some payment arrangement. But I am just wondering if he has a good chance at retaining his custody. The child will be devasted if she has to leave her Dad, she does nto want to live with her Mother at all.

 

[summerdawn]

What is the name of your state? Michigan

Our son was renting to own a home, the landlord didn't use his rent money to pay the mortgage on the home (used it to pay mortgage on another home he was losing),so the home they were living in was foreclosed on. They have moved into our home with their 7 children. One child is our son's daughter from a previous relationship that he gained custody of over 2 years ago, after mother lost her to the state. The mother has now filed for custody just one week after our son moved into our home, citing the fact that they had to leave their home, and also stating falsely that our son does not have a job, he is working but with the economy as it is here, there are some weeks he only works a few days, he is a truck driver and automotive plants are slow right now. She also has made several other false accussations. My question is, is the fact that he is now living with us temporarily until he can find someone willing to rent to a large family, and some time to get a security deposit,( was not planning on moving) and the fact that his work is slow right now, enough for the Friend of Court to take away his custody? Is that a material change in circumstance? He is waiting for a call back from an attorney, he hopes he can work out some payment arrangement. But I am just wondering if he has a good chance at retaining his custody. The child will be devasted if she has to leave her Dad, she does nto want to live with her Mother at all.

When you say mom lost the kids to the state, do you mean child services took them and she didn't get them back?

 

[DTOM]

Yes she lsot them to the State. They finally gave her back the 3 children she has with her husband, and one other she did not know who the father was, she also lost custody of another child to his father. Basically the State gave she and her husband back their children, gave her the child she did not know who the father was, and awarded the other 2 to their fathers. Case with the state just closed out in Sept. 07

 

[summerdawn]

Yes she lsot them to the State. They finally gave her back the 3 children she has with her husband, and one other she did not know who the father was, she also lost custody of another child to his father. Basically the State gave she and her husband back their children, gave her the child she did not know who the father was, and awarded the other 2 to their fathers. Case with the state just closed out in Sept. 07

did she complete all of her requirements for the kids your son has? Does she have visitation? Did she lose rights? Does the father have sole custody?

 

[summerdawn]

Yes she lsot them to the State. They finally gave her back the 3 children she has with her husband, and one other she did not know who the father was, she also lost custody of another child to his father. Basically the State gave she and her husband back their children, gave her the child she did not know who the father was, and awarded the other 2 to their fathers. Case with the state just closed out in Sept. 07

Holy moly! The case she had with your son's child just closed that recently?

 

[DTOM]

Yes she lsot them to the State. They finally gave her back the 3 children she has with her husband, and one other she did not know who the father was, she also lost custody of another child to his father. Basically the State gave she and her husband back their children, gave her the child she did not know who the father was, and awarded the other 2 to their fathers. Case with the state just closed out in Sept. 07

 

[summerdawn]

Yes she lsot them to the State. They finally gave her back the 3 children she has with her husband, and one other she did not know who the father was, she also lost custody of another child to his father. Basically the State gave she and her husband back their children, gave her the child she did not know who the father was, and awarded the other 2 to their fathers. Case with the state just closed out in Sept. 07

OK I saw that a couple of posts back-but what about her rights? have they been removed? She managed to get 3 back, but not the rest? May I ask why? Did she not complete her requirements or something?

 

[LdiJ]

The change in your son's living situation IS a material change in circumstance. However, with her case only being closed in Sept 07, she would still be on very shaky ground to get a change in custody. How old is the child?

 

[DTOM]

The child will be 10 in May. Judge awarded sole custody to my son, but they have joint legal. Sole custody was given to my son in April of 2006. It is our understanding that because Her children with her husband were not abused by her and her husband, as at the time one was a new born and two were born during the course of the case he did not terminate on them. He left her with the child that she did not know who the father was because he did not want to make him a ward of the state. This case went all the way to the Michigan court of appeals as the state wanted termination of rights on all children involved, that court upheld Judges decision, only because they found he did not violate any rules or laws in deciding not to terminate, but ruled had they heard the case they would have terminated. She also was just in court in Feb to regain custody of her other child, but lost. Judge upheld FOC decision not to change custody. Since the State has closed the case she has been back to court for custody, parenting time,(which she alrady had), requesting to reduce her support (which she bareley pays anyway), show cause hearings on the support. She has been to the court each month since the case was closed. At last show cause she was told that the court was NOT going to give her back custody and reminded her that the Judge had told her he did not want to see her in his court any longer and that she was to follow the he orders he has set. As for the housing being a material change in circumstance, I understand it isn't good, but here in MIchigan there are so many people losing their own homes, or being put out of rental housing because of the landlord losing the home, you can't talk to anyone who doesn't know someone who is in the same situation. I would hope that a circumstance that is beyone ones control would not be enough to remove a child from a parent, otherwise, our system could and will be overwhelmed. In additon the job situation here is horrendos. You have to take and keep whatever job you, unemployment is at nearly 8 per cent, So should that be a reason for one to lose their child? My son has a job, and even though it is slow right now, he is not the only one in that situation, there are thousands. Wouldn't the judge take these things into consideration also. The child lacks for nothing, is well taken care of, and is loved very much by her Dad, is an A/B student in school and has perfect attendance, very well adjusted. Wouldn't that also be a consideration? I just pray that the FOC and the Judge if it gets that far will come to see that the living situation is temporary. They are actively looking for a new place,(so are a lot of others) so rental homes go as fast as they are listed, You have to be patient and persistent. Hope this has clarified some things. So I guess we just have to pray for our granddaughter, and her Dad that the Judge looks at the whole picture.

 

[OhReally?]

The change in your son's living situation IS a material change in circumstance.

I strongly disagree in this instance because the change in living situation was NOT by their doing. This is starting to happen to ALOT of renters who are finding themselves out on the street because they are paying rent, but their landlord is not paying the mortgage. And the renters do not find out (for the most part), until a sheriff shows up to post a notice of a pending sheriff's sale. If you look up the numbers, it's pretty shocking how often this is happening. I cover alot of stories on foreclosures.

Someone trying to get custody changed based on this is, quite frankly, a piece of crap. I wouldn't expect the person trying to get custody being successful because the situation was brought on by someone else they have no control over.

 

[haiku]

I don't think moving in with parents is a change in circumstance, that would be enough to change custody. She is within her rights to try, I suppose. but, unless it can be proven it was detrimental to the child, or the father abandoned them, and the children are doing well in school, and the only change is they live with extended family, I doubt thats enough to warrant a change in custody.

 

[OhReally?]

As for the housing being a material change in circumstance, I understand it isn't good, but here in MIchigan there are so many people losing their own homes, or being put out of rental housing because of the landlord losing the home, you can't talk to anyone who doesn't know someone who is in the same situation. I would hope that a circumstance that is beyone ones control would not be enough to remove a child from a parent, otherwise, our system could and will be overwhelmed.

Quite honestly, I would not be concerned about this and losing custody because of it. I am very familiar with what's going on w/foreclosures in MI, as I live in OH where it's just as bad. The stats on people like you who've been thrown into this predicament is shocking. Last I checked, around 30% of foreclosures are renters like you -- who wound up losing the place you live because the landlord did not pay the mortgage, although you were paying your rent.

With that said, that does not mean that the motion filed should be ignored. It simply needs to be responded to with facts and what's being done to rectify the situation. The Judge should be aware of what's going on with foreclosures in MI. Also, the parent requesting the change in custody needs to prove how the current situation is not in the best interest and the children being in immediate danger.

In additon the job situation here is horrendos. You have to take and keep whatever job you, unemployment is at nearly 8 per cent, So should that be a reason for one to lose their child? My son has a job, and even though it is slow right now, he is not the only one in that situation, there are thousands. Wouldn't the judge take these things into consideration also.

MI has one of the highest rates of unemployment in the country. Again, a Judge -- unless they don't pay attention at all -- should be well aware of how bad things are (job wise) in MI. Just like you guys losing your place of residence, just simply show the court what steps are being taken to get a better job, places applied, etc. The more detail that can be provided that decent attempts are being made, the better. We can't tell you EXACTLY how a Judge will rule, but proving to the court that strong efforts are being made to better the situation should look more favorably upon him.

The child lacks for nothing, is well taken care of, and is loved very much by her Dad, is an A/B student in school and has perfect attendance, very well adjusted. Wouldn't that also be a consideration?

YES. The child doing well in school is important to indicate to the court.

I just pray that the FOC and the Judge if it gets that far will come to see that the living situation is temporary. They are actively looking for a new place,(so are a lot of others) so rental homes go as fast as they are listed, You have to be patient and persistent. .

Like I said, Judges in MI should be well aware of what's going on in the state -- as long as it can be shown to the court the concerted efforts that are being made to find a new place to live. Rentals are now hard to come by in many areas because so many people are losing their homes -- now forcing them to rent. Unfortunately, some rental owners are jacking up their rents because of what's going on. And in your case, you did not lose the home by any fault of your own.

I would also add that if Mom keeps filing this frivolous crap, it's time to Motion the court for sanctions against Mom for filing frivolous suits (look up statutes/case law on what constitutes "frivolous" in MI). Good luck!

 

[LdiJ]

I don't think moving in with parents is a change in circumstance, that would be enough to change custody. She is within her rights to try, I suppose. but, unless it can be proven it was detrimental to the child, or the father abandoned them, and the children are doing well in school, and the only change is they live with extended family, I doubt thats enough to warrant a change in custody.

Just to clarify:

I agree, particularly in this circumstance, that there is little chance that she could prevail in a custody suit.

However, it IS a change in circumstance that allows her to try, but it doesn't remotely mean that she will win.

Just because a change in circumstance exists, doesn't mean that the change in circumstance is a winner for the party bringing forth the suit. It just means that the change in circumstance exists.

 

[DTOM]

Update on Material Change of Circumstance

Our son spoke with an attorney today for an hour. They went over everything, the attorney advised that they could go this alone, told them how to file their objection to the motion. He said that even with everything she listed in her motion, the burden of proof is on her and since she has no way to prove any of the other allegations and the fact that here in Michigan the economy is so bad and so many are in the same housing situation, that would not be a deciding factor. He also stated that they way my son gained custody,( from the Dept of Human Services after they removed the child from mothers home) will make it next to impossible for her to gain custody again. We are still nervous about him going in Pro per, but the attorney fee is $2500 to retain and $131 per hour, much more than they can afford. Legal aid is out of question, since last time he requested them to represent him they said they could no longer do so because the mother in the case had used legal aid so many times in the past.

So, I guess we just pray that the court will uphold his custody despite the temporary housing problem that was out of his control. If anyone has any suggestions on how to handle one of these things without an attorney any advice would be appreciated.