????

[krystalg]

michigan.
i have joint legal custody to my son and was wondering what my legal rights are to him. because his father doesnt ever even have him, i am wanting to fight for custody or at least joint custody but i dont know where to start. i am short on money but i know i have a case. his father leaves him with his great grandmother all week has him for a day then takes him back. i have visitation but i only get it when he feels like it. ? i try to call friend of the court but they say they cant give me no advice

 

[Proserpina]

michigan.
i have joint legal custody to my son and was wondering what my legal rights are to him. because his father doesnt ever even have him, i am wanting to fight for custody or at least joint custody but i dont know where to start. i am short on money but i know i have a case. his father leaves him with his great grandmother all week has him for a day then takes him back. i have visitation but i only get it when he feels like it. ? i try to call friend of the court but they say they cant give me no advice

Were you married to Dad?

How old is your son?

If you already have joint legal custody what is it you're wanting to change? What are the current visitation orders?

 

[krystalg]

re:

no i was not ever married to hs father. but we were together for 7 years. my son is gonna be 4 yrs old next month. i do have joint legal but i am wanting at least joint physical. i dont know if i have a case. but like i said my sons father always leaves him with other people.... and the current visitation order is what ever we agree apon.

 

[Proserpina]

no i was not ever married to hs father. but we were together for 7 years. my son is gonna be 4 yrs old next month. i do have joint legal but i am wanting at least joint physical. i dont know if i have a case. but like i said my sons father always leaves him with other people.... and the current visitation order is what ever we agree apon.

OK, you need to go back to court and have visitation spelled out - "whatever we agree on" is never a good idea, y'know?

When was the order made?

 

[Isis1]

no i was not ever married to hs father. but we were together for 7 years. my son is gonna be 4 yrs old next month. i do have joint legal but i am wanting at least joint physical. i dont know if i have a case. but like i said my sons father always leaves him with other people.... and the current visitation order is what ever we agree apon.

honestly, that's the worst visitation schedule ever.
go back to court, request a set schedule of visitation, request a clause for First Right of Refusal.

 

[krystalg]

the order was made back in march of 09. but i am wanting to go for joint physical. i've changed everything about me, straightened out my life since feb 08', (why i didnt get joint physical in the first place) but now dont know where to start. i mean other than my factors, is his fathers actions liable also?

 

[krystalg]

his father leaving him for days on end so he can go party, thats a good reason to petiton the court for custody right?

 

[Zigner]

his father leaving him for days on end so he can go party, thats a good reason to petiton the court for custody right?

What is your proof?

 

[krystalg]

see thats the thing huh? i need proof?
i dont have proof but i sure can. i know because i call n talk to my son when he is with his father, but when he aint there he tells me he aint. and i know he's partying because he parties with my friends. we live in a small town, i know he is. what kind of proof do i need to hold up in court? cuz whatever it is i need, i can get. i just dont know what. im clueless where to start.... cuz u see when they took my son from me ii actually did work so i'd leave him there overnight when i worked late so they'd have him days sometimes cuz my schedule was messed up. well they used that against me in court cuz he had him more than me anyways. well thats what im worried about now, his grandmother doing the same. cuz his dad IS out partyin rather than worrying about our son, then dont care how ong he's gone. i mean i know all i have do is call cps & they can give him a drug test and he would fail at any given time but i dont want to get my son taken from him when we could just split custody..... ???????????

 

[krystalg]

i am just really lost n confused without my baby, i used to do bad(drugs) but ive been clean for over a about 8 months now. thats the main reason i lost custody. i want to go back for joint physical but i want to be well prepared.... i just dont know how. i dont know nothing about legal stuff.... and dont know how to find out either??? any advice? i'm 23 and so poor and i dont know how id even afford an attorney. but im missing out so much on my son and ive straightened my life out. what now?

 

[Zigner]

I commend you on your success so far. However, 8 months clean is just a drop in the bucket. You have a long way to go before you'll be able to convince the courts that you are truly clean.

 

[Isis1]

i am just really lost n confused without my baby, i used to do bad(drugs) but ive been clean for over a about 8 months now. thats the main reason i lost custody. i want to go back for joint physical but i want to be well prepared.... i just dont know how. i dont know nothing about legal stuff.... and dont know how to find out either??? any advice? i'm 23 and so poor and i dont know how id even afford an attorney. but im missing out so much on my son and ive straightened my life out. what now?

check your court for self help centers. find out if you qualify for legal aid, look for pro bono attorneys, law students.

read your local rules and civil procedures.

you need to request a modification of custody and visitation. because of your admitted drug use, it's best you start out slow. work with a standard visitation schedule, work your way into co-parenting with dad for the best of your child.

 

[Proserpina]

see thats the thing huh? i need proof?
i dont have proof but i sure can. i know because i call n talk to my son when he is with his father, but when he aint there he tells me he aint. and i know he's partying because he parties with my friends. we live in a small town, i know he is. what kind of proof do i need to hold up in court? cuz whatever it is i need, i can get. i just dont know what. im clueless where to start.... cuz u see when they took my son from me ii actually did work so i'd leave him there overnight when i worked late so they'd have him days sometimes cuz my schedule was messed up. well they used that against me in court cuz he had him more than me anyways. well thats what im worried about now, his grandmother doing the same. cuz his dad IS out partyin rather than worrying about our son, then dont care how ong he's gone. i mean i know all i have do is call cps & they can give him a drug test and he would fail at any given time but i dont want to get my son taken from him when we could just split custody..... ???????????

You can't even bring his drug use to court unless you have proof of what's going on. Even then it's not guaranteed to change custody...can you prove that your child is endangered? A failed drug test doesn't mean either parent will lose custody or even have visitation changed.

You need a reason to change the current order - at the moment it doesn't seem like you have enough. Stay sober, keep your nose clean and see what happens over the next 6 months or so.

 

[TinkerBelleLuvr]

I am going to surmise that the poster is from Michigan since she mentions Friend of the Court.

http://courts.michigan.gov/scao/courtforms/domesticrelations/drindex.htm#cust

http://www.michiganlegalaid.org/library_client/resource.2005-05-29.1117417920074/

That should get you started.

 

[Isis1]

I am going to surmise that the poster is from Michigan since she mentions Friend of the Court.

Domestic Relations forms

Modification of Custody — Michigan Legal Aid

That should get you started.

yup yup!

michigan. i have joint legal custody to my son and was wondering what my legal rights are to him. because his father doesnt ever even have him, i am wanting to fight for custody or at least joint custody but i dont know where to start. i am short on money but i know i have a case. his father leaves him with his great grandmother all week has him for a day then takes him back. i have visitation but i only get it when he feels like it. ? i try to call friend of the court but they say they cant give me no advice