my daughter was left with me

[carmonal03]

What is the name of your state? Michigan

Hello all. I am hoping i can find some type of advice here i appreciate any bit of advice or help anyone can offer me. I cant afford a private attorney and legal aid in my county told me that i make too much for their guidlines. Thank you in advance.

Hello, I am from California but i have an 11 month old daughter that lives in Michigan. I was told by her mothers family that i should come up here because the mom wasnt "doing well", meaning that she had been evicted from 2 apartments in 3 month period, she dosent work neither does her on-again off-again boyfriend that has been in jail before for fighting with knives. At that point paternity had never been established so there was no child support order in place depite my many letters and calls to the prosecutors office in their county. I packed up all my stuff quit my job and DROVE out here to michigan. When I got here i started a new job within a week. Almost immediately my X and her bf started asking me for all these favors. Favors included asking me for cash, to borrow my car and even to buy them alcohol (they're 19 and 20) When i refused on 3 occasions they got violent and threatening to me. I called the police and have documentation of it. Twice they came to my work and threatened to kill me in the prescence of my boss who called 911. The police arrive and my x is still there. She threatens to pay someone to beat my a** in front of the cop! I have all this in the report, the police let them go because there was no physical contact. This happened at 1am but my X didnt have my daughter of her other child with her, so they left the kids somewhere just to come harass me. The cop advised me to petition the court for a restraining order which i did and was granted. After that I had my work transfer me to a city an hour (61) miles away where i rented a house and am at now to get away from that chaos. A week before X-mas my X got ahold of me at 1am and told me that she was out on the street and had no money or food and was staying at different places every day and said that i needed to go pick my daughter up before CPS took her. She took her 3 year old son to his dads house because she couldnt take care of him or feed him and she needed me to go pick my daughter up for the same reason. I was a little hesitant to go seeing as I have to abide my the restraining order too but i went because id rather have my daughter with me than in that predicament. So i made the drive to go get her in the middle of the night in 12 degree wether. My X has been evicted from apartments TWICE this year and has never had a job before and she is 20. When i got the baby she had a temp of 104 and a diaper rash so bad that it bled. My X said she had no moey for diaper rash creme yet her and her bf were drinking beer so obviousely they had the money for that. She was in a run down $20 a night motel which she stated that her bf's parents gave them the money for and said she had no idea where she was going the next morning at 11 when they had to be out of the motel room. I took her (my daughter) to the ER but they wouldnt treat her because i cant prove shes mine (paternity was never established) The ER called CPS and i explained everything to them and they treated her. I was told that i need to file for guardianship or custody of her since ive had her this long and her mom has no where to go. I have my own home but only work part time so social servicis is giving me food stamps, medicaid and child care for her until they give me benefits at work wich could be until spring. I cant afford an attorney and i make "too much" ($640 a month) to qualify for the legal aid to low income residents. Everytime i go to the court to see what i need to do about guardianship or custody they tell me a lawyer has to do it for me. Iam so confused and frustrated.
The ER doctor even stated that her rash had only gotten that bad because it had been untreated for at least a week. CPS even took pictures of my daughters genitals area it was so bad. The next day my X and her bf call my cell phone (restraining order violation) just to ask how the baby was. Much to my stupidity i didnt report the phone call because despite what had happened i believe that she does have a right to know how the baby is doing medically. I told her about the ER visit and CPS and all of that and she stated she had no way to get the baby to the hospital and that they had stayed for a few days with her bf's parents but they would not take her to the ER. Also they would not "let" her use the phone to call for an ambulance...which im sorry but i find very hard to believe they wouldnt let her call 911. This girl will ALWAYS place blame on someone else and cannot and will not accept responisibility for anything. She says she needs a month or two to start working and "get back on her feet" at which time she expects for me to just hand this baby right over her. Three days ago she called me again AGAIN I didnt report the violation because she told me that if i took the baby down to see her for a few hours that she would go to the courthouse with me and we would sign the affidavit of parantage thus establishing paternity. I agreed and she DID follow through with her end. So now paternity is established but still, eventhough breana id living with me now this is not a legal arrangement and im scared to death that my X will just pop up one of these days and want the baby back. I have maintained constant contact with the father of my X's other child so that my daughter can see her brother everynow and then and we have became good friends. We both agree that we dont want to give our children back to thias girl. And to make things worse for him they are still deducting child support from him to give to her even though he's had his son a week longer than ive had my daughter. Im really sorry that this post was so long but can someone PLEASE offer some hope. Thank you very much

 

[poohbear_1976]

i qm gonna try to help

i think your best thing you should do is go to your local court house and and file papers for full legal costidy.i dont know why the courts are telling you you need a lawyer because i have been through what you are going through right now and i never had a lawyer.so just try again and go to your local court house and tell them you need to fill out papers for custody of your daughter.that would be your best bet.i wish you the best of luck.let me know what happens ok.i hope i was a little bit of help to you.

 

[carmonal03]

thanks for your words fo help pooh-bear i really appreciate

Ive been up to the court house and ive called them, and ive even been up to the prosecutors office and spoken to a guardianship worker and a cps worker. All of whom tell me that i need a lawyer to do it because according to them "the local lawyers hold their own petitions" and that the court dosent even have the petitions. I think they may have just said this to "shoo" me away so-to-speak. I read in a divorce book that my friend bought it reads that as a michigan state law brought into effect back in 1972 states that while it is NOT RECCOMENDED to represent yourself in a divorce AND/OR custody proceeding, that it is the RIGHT of every resident here to represent themselves incourt. I took that and showed it to the court clerk who got huffy and snippy with me afterwards, and basically told me to "get lost" in nicer words though. She said that if we had a friend of the court case (child support) that i could do-it-myself through them but seeing as a child support case was never initiated...she told me i was out-of-luck as per technicality...so another headach for me.....
i even paid $85 for an attorney consult and he confirmed that HE or definately another lawyer would have to petition for me..he said that when you represent yourself in court the judge takes that as you are mocking the judicial system....what do you think?

 

[monnickasmommy]

Try these web sites first it may help you

http://courts.michigan.gov/scao/courtforms/guardian-conservator/pc651.pdf

http://courts.michigan.gov

http://www.ilrg.com/forms/auth-tempguardian.html


AUTHORIZATION FOR TEMPORARY GUARDIANSHIP OF MINOR

Child
Full Legal Name: ____________________________________________________
Date of Birth: _______________________ Age: ___________ Gender: ___________


Doctor’s Information
Doctor’s Name: ____________________________________________________
Doctor’s Address: ____________________________________________________
Doctor’s Office Phone: ____________________ Doctor’s Emergency Phone: __________________
Medical Insurer/Health Plan: __________________________ Policy #: ______________________
Allergies to Medications: ____________________________________________________
Allergies (Other): ____________________________________________________
If applicable, please note the conditions for which the child is currently receiving treatment:
____________________________________________________
Note any other significant medical information:
PUT HERE WHERE CPS TOOK PICTURES OF CHILD

Dentist’s Information
Dentist’s Name: ____________________________________________________
Dentist’s Address: ___________________________________________________
Dentist’s Office Phone: ____________________ Dentist’s Emergency Phone: _________________
Dentist’s Insurer/Health Plan: __________________________ Policy #: ______________________

Parent(s)/Legal Guardian(s):

Parent #1:
Name: ____________________________________________________
Address: ____________________________________________________
Home phone: _________ Work phone: _______
Cell phone: __________ Pager: ________________
Email: ________________________________
Additional Contact Information: ________________
Parent #2:
Name: ___________________________
Address: _________________________
Home phone: _______________________
Work phone:__________________
Cell phone: _______________ Pager__________________________
Email: __________________________
Additional Contact Information: ____________________________________


Temporary Guardian(s):

Temporary Guardian #1:
Name: ___________________________________________________
Address:_____________________________________________
Home phone: __________________________
Work phone: __________________________
Cell phone: _______________Pager: _________________
Email: ________________________________
Additional Contact Information: ____________________________________________________

Temporary Guardian #2:
Name: ____________________________________________________
Address: ____________________________________________________
Home phone: ______________ Work phone: _______________
Cell phone: _____________ Pager: _____________________
Email: ________________________________
Additional Contact Information: ________________________________


Emergency Contact:
Name: ___________________________________________________
Address: ____________________________________________________
Home phone: _______________ Work phone: _______________
Cell phone: _____________________ Pager: _______________
Email: ________________________________
Additional Contact Information: ______________________________________________


AUTHORIZATION AND CONSENT OF PARENT(S) OR LEGAL GUARDIAN(S)

1. I hereby declare that I have legal custody of the above named child.

2. I hereby grant my full permission and consent for the temporary guardian to establish a place of residence for my child, and for my child to reside and travel with said temporary guardian.

3. I hereby grant the temporary guardian my full authorization to make all decisions related to my child’s educational, religious, and recreational activities and undertakings.

4. I hereby grant the temporary guardian my full authorization to administer general first aid treatment for any minor injuries or illnesses experienced by the minor. If the injury or illness is life threatening or in need of emergency treatment, I authorize the temporary guardian to summon any and all professional emergency personnel to attend, transport, and treat the participant and to issue consent for any X-ray, anesthetic, blood transfusion, medication, or other medical diagnosis, treatment, or hospital care deemed advisable by, and to be rendered under the general supervision of, any licensed physician, surgeon, dentist, hospital, or other medical professional or institution duly licensed to practice in the state in which such treatment is to occur.

5. This authorization is effective commencing on the ______day of ____________________, 20_____ and expiring on the ______day of ____________________, 20____.

6. For the duration that the temporary guardian cares for my child, the costs associated with my child’s maintenance, living expenses, medical, and dental expenses shall be allocated and paid as follows: ____________________________________________________________.

7. In the event that more than one legal guardian exists, the use of the singular shall incorporate the plural. In the event that more than one temporary guardian is named, the use of the singular shall incorporate the plural.

Under penalty of perjury under the laws of the state of ______________________, I attest to the truthfulness, accuracy, and validity of the forgoing statement.


Parent 1’s signature: ________________________________ Date: ____________________


Parent 2’s signature: ________________________________ Date: ____________________


CONSENT OF TEMPORARY GUARDIAN

I hereby acknowledge the terms set forth above and agree to assume responsibility in accordance with those terms.
Under penalty of perjury under the laws of the state of ______________________, I attest to the truthfulness, accuracy, and validity of the forgoing statement.


Temporary Guardian 1’s signature: ________________________________ Date: ____________________


Temporary Guardian 2’s signature: ________________________________ Date: ____________________


CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC

STATE OF __________________
COUNTY OF ________________

This document was acknowledged before me on ______________________ [date] by ________________________________________________ [name of principal].

[Notary Seal, if any]:
_______________________________
(Signature of Notarial Officer)

Notary Public for the State of ______________

My commission expires: __________________

-------------------------------------------------------------------------------+

I will post another on also that will/ should work

 

[monnickasmommy]

this is the other one that should work also


Child Custody and Visitation Agreement

YOUR NAME GOES HERE ("Custodian") shall have custody of DAUGHTERS NAME GOES HERE ("Child"), and control and supervision of her upbringing, subject to the following:

1. MOTHERS NAME HERE ("Non-Custodial Parent") shall have the right to visit the Child once each week, on either of the following days, between the following hours, respectively: (A) on ______________ [day of the week] between _________________ [starting hour] and ______________ [ending hour] or ______________ [alternate starting hour] and ______________ [alternate ending hour]; or (B) on ______________ [day of the week] between _________________ [starting hour] and ______________ [ending hour] or ______________ [alternate starting hour] and ______________ [alternate ending hour].

It is agreed that the Non-Custodial Parent will notify the Custodian on or before ___________________________ [day of the week and time of day] whether the Non-Custodial Parent intends to visit the Child and on which of the designated days and times. If the day or hour selected is inconvenient, the Custodian will notify the Non-Custodial Parent no later than ___________________________ [day of the week and time of day], and the Non-Custodial Parent shall be permitted to visit the Child the alternate day or during the alternate hours.

2. Nothing contained in this agreement shall be construed as an obligation or a duty on the part of the Non-Custodial Parent to accept custody of the Child at the time or for the periods indicated. The intention of the parties is that the Non-Custodial Parent's right of visitation shall be entirely optional to Non-Custodial Parent, and should the Non-Custodial Parent so desire, Non-Custodial Parent may waive the privilege of visitation on any occasion and for any reason, without waiving Non-Custodial Parent's right to future visits.

3. _____ Not applicable, or _____ Due to the present immaturity of the Child, the Non-Custodial Parent shall not at the present time be entitled to take the Child away from the Custodian's home for any period of time. However, if at a later date, when the Child becomes older, the Child personally expresses a wish or desire to accompany his/her Non-Custodial Parent and spend with that parent a period of time other than the periods set forth in this agreement, the Custodian will consent to such partial custody at that time and for such period.

4. The Custodian shall promptly notify the Non-Custodial Parent in the event of illness of the Child. The word "illness" shall be deemed to mean any illness, other than any illness from which the Child is now suffering, which shall confine the Child to bed for more than two days.

5. On all matters of importance relating to the Child's health and education, the Custodian shall consult and confer with the Non-Custodial Parent, with a view to adopting and following a harmonious policy.

6. Neither party shall do anything which may estrange the Child from the other.


_________________________________ Date: ___
Signature of Non-Custodial Parent

_______________________________
Non-Custodial Parent's Printed or Typed Name


_____________________________ Date: ________
Signature of Custodian

________________________________________
Custodian's Printed or Typed Name

http://www.ilrg.com/forms/childcustody.html


I wish you good luck and CPS should be able to help you out, I would be at there office everyday talking to a case manager

 

[carmonal03]

thank you SO VERY much. I will use these and see what happens. I will keep you guys posted to progress.

 

[3kidsmom]

Also, try.....

http://www.deltabravo.net [/URL

 

[carmonal03]

thank you people for your help. I'm definately trying this now.....

 

[carmonal03]

*update*

I went ot the courthouse and AGAIN I was told that an attorney would need to file a motionsince all I want to do is keep my daughter not take her because I already have her. That sounded a little backlwards tome but ok. I took the forms in that i pulled off those websites that people gave me and the clerk wouldnt even look at them! I just had a very stressful conversation (which i saved) with my daughters mom on yahoo messenger where used alot of profanity and stated she wanted to get back on her feet and get a home and a job again so she could "take back" FULL custody and at first she said she would decide that I would see my daughter weekly, but as the conversation grew more heated, she changed and said ashe wanted to "take back" FULL ciustody and make it so that i would not be able to see my daughter anymore. Seeing as she "gave" my daughter to me because she was homeless and her bf kicked her out (3 evictions in 1 year) eventhoug I would like to have Full custody because obviousely this girl is in capable of caring for herself let alone her children, would the courts ever grant me anything LESS than at least JOINT LEGAL seeing as I took my daughter in weeks ago and even had to seek the help of CPS and the ER? Im scared to death that now that I have my baby home with me she will be taken from me by her mom. I was told by friend of the court to buy a "do-it-yourself" book bor cutody from a bookstore and i went to a bookstorte and searched online all I can find are "do-it-yourself" divorce books but nothing for child custody. What do I do.
I'm absolutely scared to death here. thank you

 

[carmonal03]

oh yah and one more thing id like to add, I dont know if it means anything but since im only working part-time right now till winter is over I sought the help of Social Services now called Family independent agency in michigan, and they have given me medicaid and food stamps for her until my employer boosts up my hours which wont be till march. Also I have an appointment to put breana on WIC next tuesday.

My daughters mom was recieveing public assistance too and never reported to them when she gave me my daughter and her son to his dad back on december 19th and so she is still recieving her cash assistance,fo smps, medicaid AND child support for the kids. Isnt that some type of fraud? And im also wondering why FIA didnt catch it when i gave them my daughters social security # shoudt they know that she was previousely getting assistance somewhere else and never ended that case? I'm more confused now.

 

[monnickasmommy]

So now paternity is established--- Where did you go to get this done at -- If you went to the court house you should have a open case that is where you will need to file your visitation also
here are some forms you will need Acrobat Reader
http://courts.michigan.gov/scao/courtforms/domesticrelations/custody-parentingtime/foc87.pdf

This one should be a better one for your case-

 

[carmonal03]

a little confused...that document said to use it only if I have a pending custody case NOT if I ned to START a case. I dont have a pending case yet because i have not filed for anything. Just because my daughter physically livs with me, I've been told means nothing since its not a legal arrangement and the MI affidavit of parentage says on the bottom MOTHER SHALL HAVE FULL CUSTODY UNLES ORDERED OTHERWISE.

well at first we didnt have paternity estalished, she wouldnt co-operate because she liked pretending that her present bf whome she got with when she was already 8 months preg, was the daddy. But a few days ago she asked me to take the baby down to see her for a few hours, I was a little reluctant since we do have a restraining order the judge granted to me but I have to obey it to. She told me that if I went and let her see breana for a bit that she would go with me to the courthouse and we would sign and file the affidavitof parentage. I was really nervous cuz i didnt want to get in trouble for violating the order (i have to obey it too) but i went anyways because i knew that would be a big help to me to get paterniy estalsd. I took the baby down there and she kept her part of the deal and the affidavit of paremtage was filed and sent up to lansing (MI's Capitol)
I'm just hoping that when I go to court the judge will recognise that I took my child in when she had no where else, and cared for her, and got her much needed medical attention and am nursing her back to health.

 

[monnickasmommy]

I took the baby down there and she kept her part of the deal and the affidavit of paremtage was filed and sent up to lansing

oK so has paternity been established that she is 99.99% your ? Have you got the paper work on that yet back ?

MI affidavit of parentage says on the bottom MOTHER SHALL HAVE FULL CUSTODY UNLES ORDERED OTHERWISE---

So did mom ever go to court and get custody of her when she was born on befor you got there ?

 

[carmonal03]

hi,

no I havent recieved anything back regarding the affidavit of parentage yet. We just filed it last Friday and the court says that they submitt it up to lansing. I wasnt aware that I was to recieve anything back regarding that.

Second,

nope, mommy never went to court regarding custody, she just assumed that she had full custody because I was not here. I justcame back to michigan in november, I did send her money for my daughter before and after she was born that my X is denying now but its ok because everything I ever sent was certified bank check, western union transfer and money orders for which i have retained all the stubs/recipts.

 

[VeronicaGia]

Michigan Court Forms
http://courts.michigan.gov/scao/courtforms/index.htm#forms


Michigan Friend of the Court
http://courts.michigan.gov/scao/services/focb/focb.htm

Michigan Friend of the Court Support Formula
http://courts.michigan.gov/scao/resources/publications/manuals/focb/formula01.pdf

Michigan Law (start looking in chapter 7__ re: children)
http://www.michiganlegislature.org/mileg.asp?page=chapterIndex

You should be able to file for custody yourself. You simply need to properly fill out enough copies of the form to file one with the court, one to have her served and one for yourself (maybe a fourth copy just in case). What county are you in??