Custodial Parent homeless?

[trnoon]

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

My sons mother is living in a shelter, with my son. I have already filed a motion to modify the custody order due to my son living with her parents while she lived with friends and admitted to having not seen my son in several weeks. There is a meeting at the court scheduled for Sept.

Can I file to have an emergency custody order based on the fact that she is living in a shelter with no means of supporting herself or my son?

Someone told me to contact CPS, but I don't think that is the right route here. I don't think there is much they will do. Women go to shelters all the time with their children. But I feel it necessary for my son to be there when he has a perfectly stable home right here. His mother really needs to get her act together and she may have a better chance of doing so if I were to take on the full responsibility of our child. I really feel like this is in the best interest of everyone involved. But she just looks at it as me trying to "take her son away".

 

[CSO286]

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

My sons mother is living in a shelter, with my son. I have already filed a motion to modify the custody order due to my son living with her parents while she lived with friends and admitted to having not seen my son in several weeks. There is a meeting at the court scheduled for Sept.

Can I file to have an emergency custody order based on the fact that she is living in a shelter with no means of supporting herself or my son?

Someone told me to contact CPS, but I don't think that is the right route here. I don't think there is much they will do. Women go to shelters all the time with their children. But I feel it necessary for my son to be there when he has a perfectly stable home right here. His mother really needs to get her act together and she may have a better chance of doing so if I were to take on the full responsibility of our child. I really feel like this is in the best interest of everyone involved. But she just looks at it as me trying to "take her son away".

Mom is still providing an adequate residence for the child.

Simply living in a homelss shelter is not grounds for a change fo custody.

 

[stealth2]

Posting h/x.

 

[trnoon]

Posting h/x.

What about it?

 

[CSO286]

What about it?

It certainly colors your current situation and our replies.

 

[stealth2]

What about it?

People should read it.

 

[trnoon]

It certainly colors your current situation and our replies.

What do you mean? Colors it how? Poorly upon me?

 

[trnoon]

People should read it.

I agree with that.

 

[I'mTheFather]

Is the mother on public assistance? How old is the child?

 

[trnoon]

Is the mother on public assistance? How old is the child?

Yes she is. He is four.

 

[I'mTheFather]

Yes she is. He is four.

Then it sounds like she is working on getting her act together.

I assume you're repaying the state?


ETA: Ah, I found your post about CS. You were paying $179/mo, admittedly not much, based on your previous much lower-paying job. Have you considered modifying the CS? Or just the custody?

 

[gam]

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

My sons mother is living in a shelter, with my son. I have already filed a motion to modify the custody order due to my son living with her parents while she lived with friends and admitted to having not seen my son in several weeks. There is a meeting at the court scheduled for Sept.

Can I file to have an emergency custody order based on the fact that she is living in a shelter with no means of supporting herself or my son?

Someone told me to contact CPS, but I don't think that is the right route here. I don't think there is much they will do. Women go to shelters all the time with their children. But I feel it necessary for my son to be there when he has a perfectly stable home right here. His mother really needs to get her act together and she may have a better chance of doing so if I were to take on the full responsibility of our child. I really feel like this is in the best interest of everyone involved. But she just looks at it as me trying to "take her son away".

Mom has means to support herself, your child support and the state assistance she is receiving. She also has a perfectly good roof over the childs head. You would be a fool to contact CPS, that is not a can of worms you want to open. Not a department that is run well and one that brings you into the state system and ya never know what a CPS worker is going to do. Look it up online, read the horror stories about CPS. You actually have no reason to contact them, the child has a roof over their head and food by living in a homeless shelter, so what would be your complaint to CPS?

We've told you, you don't have an emergency situation, didn't have one before and you have less of one now that mom is in a shelter with the child. Your going to have to wait till your hearing in Sept. You probably need to amend what you filed to, as the child is now back to living with mom, not the grandparents. You might not even get anywhere with a change in custody now, as mom has the child living with her.

You will if mom is smart end up with a child support review out of this and the court might order it on their own. You ran into hard times yourself, you moved across the state so you could make ends meet. However when mom has run into hard times, you file "to take the child from her". Not saying that this is what your doing, but this could well be the way the court sees it. Your stable home, involves the child being with a 3rd party(your wife, who is nobody) and the 3rd party works to, so you will be using childcare, so how is that better then the child being with mom? Again this is how the court can look at it.

 

[ecmst12]

You should stop starting new threads about the same situation. Keep everything in the same place and no one will have to go hunting for your post history to get the background information.

 

[trnoon]

Then it sounds like she is working on getting her act together.

I assume you're repaying the state?


ETA: Ah, I found your post about CS. You were paying $179/mo, admittedly not much, based on your previous much lower-paying job. Have you considered modifying the CS? Or just the custody?

Actually, there is a date set to modify child support this September. And yes, I am repaying the state. She gets around $30 a month. The judge, during our court battle to just get me visitation, told her not to count on child support increasing unless she showed initiative and got herself a job. She got her first job ever this past March and by June she had quit. She is not working on getting her act together. She has been on assistance since before my son was born. She has chosen to move from place to place during the last year, providing no stability for our son. She has difficulty keeping him in school. (It's head start, someone told me it doesn't matter, but since my son is generally behind developmentally, I think it matter quite a bit.) She has admitted in text that her only reason for taking my son to the shelter is because she would not qualify for free housing without him. She refuses to work and works the system to get free ****.

 

[trnoon]

Mom has means to support herself, your child support and the state assistance she is receiving. She also has a perfectly good roof over the childs head. You would be a fool to contact CPS, that is not a can of worms you want to open. Not a department that is run well and one that brings you into the state system and ya never know what a CPS worker is going to do. Look it up online, read the horror stories about CPS. You actually have no reason to contact them, the child has a roof over their head and food by living in a homeless shelter, so what would be your complaint to CPS?

We've told you, you don't have an emergency situation, didn't have one before and you have less of one now that mom is in a shelter with the child. Your going to have to wait till your hearing in Sept. You probably need to amend what you filed to, as the child is now back to living with mom, not the grandparents. You might not even get anywhere with a change in custody now, as mom has the child living with her.

You will if mom is smart end up with a child support review out of this and the court might order it on their own. You ran into hard times yourself, you moved across the state so you could make ends meet. However when mom has run into hard times, you file "to take the child from her". Not saying that this is what your doing, but this could well be the way the court sees it. Your stable home, involves the child being with a 3rd party(your wife, who is nobody) and the 3rd party works to, so you will be using childcare, so how is that better then the child being with mom? Again this is how the court can look at it.

I guess I don't see how being in a school like child care center is worse than not having a place to go during the day. She's stated that she will be "walking the streets of baycity for 11 hours" until the shelter opens its doors to her again at 5 pm.
They will be amending my child support in Sept.