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Trying to help disabled sister maintain custody

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Village Idiot

Junior Member
What is the name of your state (only U.S. law)? MI

My sister's fiancee has ended the relationship after 7 years. They have a nearly 6 year old son out of wedlock, and have moved around every couple of years. They lived with my parents in Sault Ste. Marie a couple of year, then moved to Iron Mountain a couple more years, and most recently they lived in Norway, MI for a couple years. About 2 weeks ago he ended the relationship and gave her a deadline in which to be out of the house. My sister has Usher's syndrome (progressive deafness/blindness), and has been legally blind for many year so she is unable to drive, work, etc. but was a stay at home mom since their son was born.

She suggested to the father that they continue to live together but have separate lives in order to live in the area, and discovered that there is no available low income housing available. He refuses to allow her to continue to live with her in the home they rented in separate bedrooms and leading their own separate lives, providing her with a deadline date in which to move out. She has also struggled with bi-polar disorder in the past and we are afraid if she is left alone 4-8 hours away from all her family that she will become depressed again, although she had been doing well for a while now.
She receives about $600 in SSI a month and does not have any other sources of income.

Due to her condition it is not affordable or safe for her to live alone, and my family (myself, husband, and son just 4 months younger than theirs) are in the best situation to care for both her and her son. So last week she moved in with me and when we went to the Friend of the Court we were informed that she could not file for custody until she had resided in the county for 10 days. Meanwhile it appears he has filed at his local county for custody. What can we do if she has nowhere to live or stay there nor any other support? We were in the process of getting their son registered for school here and everything. My husband and I are both employed with decent income where we can afford to give them both a place to live and necessities, and will help raise him and ensure he has a good education, etc. but I heard it's hard for us to get custody, specially if the dad wants it.

We know he would be best taken care of here, by staying with his mother who has been his primary care giver all his life, and by having a stable and healthy home in which to live. His father can barely pay his own bills, has been off and on unemployment, changes jobs nearly every 2 years because he can't keep them or his hours get cut because he's not the best worker. He can't even tell us where he's going to live once the rent period on the house is over or who would care for the boy while he's at work and has always been more concerned with playing video games than spending time with his son or even taking her to the store to buy groceries. He even said that part of the reason he was ending the relationship is that she is too needy. This has to do with her disabilities, but her needs are much like that of a child.

What can we do to get the case moved here and what's the best strategy to ensure he doesn't get full custody? She doesn't have a problem with sharing him part of the year, but due to her disability and financial situation transportation is a huge issue, and it would be best since he requires special schooling (he's on an IEP plan and needs speech therapy), that he stay in one place for schooling. On such a limited income it's hard to afford a lawyer and Michigan Legal Aid has said they can't help. Desperately looking for help in keeping my nephew with his mother! What can we get her some help she can afford? What can I do to help?
 
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Proserpina

Senior Member
Dad is barely able to pay his bills.

Mom gets $600 per month.

No other income.

See where I'm going with this?


Now, Dad filed first so his county will have jurisdiction.

Honestly - your sister needs an attorney, desperately. I think she may have problems trying to retain primary custody even though she's been kiddo's caregiver, specially if her disability is progressive and has - as you have indicated - the needs of a child.

I'm not saying it's impossible, but I truly think she should get an attorney.
 

Village Idiot

Junior Member
I guess I may not have worded that the best way. Her needs are primarily transportation to appts., stores, etc. She is able to function well within the home, cooking, cleaning, making meals, paying bills, etc.

I know it's not a good situation for her, but she can't afford a lawyer, and while I can afford to take them in, I'm not sure we can come up with that much extra cash at once and they're asking for $2,000! That's more than what she gets in 3 months, and with her bills, would take her at least 2 years to come up with. Are there any agencies that help disabled mothers or fathers keep custody?
 

Proserpina

Senior Member
I guess I may not have worded that the best way. Her needs are primarily transportation to appts., stores, etc. She is able to function well within the home, cooking, cleaning, making meals, paying bills, etc.

I know it's not a good situation for her, but she can't afford a lawyer, and while I can afford to take them in, I'm not sure we can come up with that much extra cash at once and they're asking for $2,000! That's more than what she gets in 3 months, and with her bills, would take her at least 2 years to come up with. Are there any agencies that help disabled mothers or fathers keep custody?


I'm glad you asked that :)


Legal Resources For People with Disabilities - Disabled Online


This is an amazing resource. Yes, you may have to wade through the various areas of the site but it can be absolutely invaluable.

I'm going to check to see if I can find others too.
 

Village Idiot

Junior Member
Thanks I've bookmarked a couple of the site links to start calling Monday. This may be a stupid question considering the jurisdiction, but does the lawyer need to be in that county or ours? It will be hard to work with one so far away.
 

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