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compyguy85

Junior Member
What is the name of your state (only U.S. law)? Michigan
Ok, first post here. Bit of a long story and am looking for a little advice.
I have two children. A boy, who is 2.5, and a girl, who is 14 months. My daughter was born 6 weeks early, not breathing, deaf (at first) and extremely small. (She is now happy, healthy, walking, and completely on track with where she should be). On day 2 I was pulled out of the NICU by a Children's Protective Services (CPS) agent who rather bluntly asked me if I was using drugs. At the time I was a successful engineer, devoted husband and father, homeowner, and, to the best of my knowledge, had never even been in the same room with any kind of hard drugs (I don't even drink for goodness sake). She said that my daughter was born positive for Meth, THC (marijuana), amphetamines (Aderol) and PCP (angel dust). I was floored and at first challenged this horrible accusation. They said if I did not submit to, and pass, a drug screen that they would kick me out of the hospital and that they would be taking my son (who was at home with a babysitter) from me that night to be placed with family or foster care. Obviously I immediately did the test and brought them to my home to inspect it. I passed (of course) and so did my home. The next day we had an emergency court session where the children were placed in my care and my wife was court-ordered out of the home, placed on supervised visits, and had to submit to regular drug testing, parenting classes, and counseling. She was also placed on the central registry for child abuse and neglect. I was absolutely furious with her. She relapsed several times, which drug out the investigation. She ended up not seeing the kids for almost 5 months. Finally she managed to pass enough screens to get CPS to allow her to move back in and she begged me to give her a chance and be with her family. Despite still being very furious with her I relented and she moved back in. It took all of 3 weeks for her to relapse again and she was ordered out of the house and placed on supervised visits again. Well about 3 months ago they closed the case finally and she moved back in, again, despite my reservations. I mostly just wanted to keep my family together. Well I caught her smoking meth in the living room with another man with both the kids locked in their room. I called CPS on her and they didn't respond, though I did inform her that if it happened again she would be gone and that now she needed to go to rehab. She refused. And then it happened again, with another man. This time he put his hands down her pants (I have a camera now that I can remotely view from work...that's how I caught her). I blew up at her again and called CPS again. Nothing. Well finally 3 weeks ago SHE DID THE SAME THING IN MY BEDROOM!!! Only this time it was so bad (they were smoking, kids were screaming in the bedroom, they then had sex, and she actually HIT MY SON when he opened the door). I sent the police over while I wrapped up enough at work to speed home. CPS is involved again, though she left so they wont open a new case against her, simply told her to stay away.
So, I have finally given up on her and she hasn't seen the kids since it happened. I don't even know really where she is and last I heard she is staying in a MC clubhouse known for meth-dealing and is telling people that she is going to have them kill me. I have a meeting with a lawyer next week for a consultation. Her grandmother has called me twice now to tell me that if I file for divorce that she will hire an attorney (and she has the money) to get full custody of the children and that in michigan I have zero chance of getting anything other than weekend visitation with my kids because they are so young and I work full time (I switched to nights as it is easier to find babysitters and I can be with the kids, albeit a little sleep-deprived, during the day, but I'm a combat vet so sleep is something I am used to operating without). I have had both of my children their entire lives, even when she didn't see them for months on end, and if you add up the time she has spent more than half of my 14 month old daughters life away. When she is with them she yells at them, hits them, and locks them in their rooms to do drugs. I would like to think that since I had her from infancy until 5 months old by myself, and have been with them their entire lives and am very devoted that I have a good chance for custody but I am unsure. Any help would be great.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Michigan
Ok, first post here. Bit of a long story and am looking for a little advice.
I have two children. A boy, who is 2.5, and a girl, who is 14 months. My daughter was born 6 weeks early, not breathing, deaf (at first) and extremely small. (She is now happy, healthy, walking, and completely on track with where she should be). On day 2 I was pulled out of the NICU by a Children's Protective Services (CPS) agent who rather bluntly asked me if I was using drugs. At the time I was a successful engineer, devoted husband and father, homeowner, and, to the best of my knowledge, had never even been in the same room with any kind of hard drugs (I don't even drink for goodness sake). She said that my daughter was born positive for Meth, THC (marijuana), amphetamines (Aderol) and PCP (angel dust). I was floored and at first challenged this horrible accusation. They said if I did not submit to, and pass, a drug screen that they would kick me out of the hospital and that they would be taking my son (who was at home with a babysitter) from me that night to be placed with family or foster care. Obviously I immediately did the test and brought them to my home to inspect it. I passed (of course) and so did my home. The next day we had an emergency court session where the children were placed in my care and my wife was court-ordered out of the home, placed on supervised visits, and had to submit to regular drug testing, parenting classes, and counseling. She was also placed on the central registry for child abuse and neglect. I was absolutely furious with her. She relapsed several times, which drug out the investigation. She ended up not seeing the kids for almost 5 months. Finally she managed to pass enough screens to get CPS to allow her to move back in and she begged me to give her a chance and be with her family. Despite still being very furious with her I relented and she moved back in. It took all of 3 weeks for her to relapse again and she was ordered out of the house and placed on supervised visits again. Well about 3 months ago they closed the case finally and she moved back in, again, despite my reservations. I mostly just wanted to keep my family together. Well I caught her smoking meth in the living room with another man with both the kids locked in their room. I called CPS on her and they didn't respond, though I did inform her that if it happened again she would be gone and that now she needed to go to rehab. She refused. And then it happened again, with another man. This time he put his hands down her pants (I have a camera now that I can remotely view from work...that's how I caught her). I blew up at her again and called CPS again. Nothing. Well finally 3 weeks ago SHE DID THE SAME THING IN MY BEDROOM!!! Only this time it was so bad (they were smoking, kids were screaming in the bedroom, they then had sex, and she actually HIT MY SON when he opened the door). I sent the police over while I wrapped up enough at work to speed home. CPS is involved again, though she left so they wont open a new case against her, simply told her to stay away.
So, I have finally given up on her and she hasn't seen the kids since it happened. I don't even know really where she is and last I heard she is staying in a MC clubhouse known for meth-dealing and is telling people that she is going to have them kill me. I have a meeting with a lawyer next week for a consultation. Her grandmother has called me twice now to tell me that if I file for divorce that she will hire an attorney (and she has the money) to get full custody of the children and that in michigan I have zero chance of getting anything other than weekend visitation with my kids because they are so young and I work full time (I switched to nights as it is easier to find babysitters and I can be with the kids, albeit a little sleep-deprived, during the day, but I'm a combat vet so sleep is something I am used to operating without). I have had both of my children their entire lives, even when she didn't see them for months on end, and if you add up the time she has spent more than half of my 14 month old daughters life away. When she is with them she yells at them, hits them, and locks them in their rooms to do drugs. I would like to think that since I had her from infancy until 5 months old by myself, and have been with them their entire lives and am very devoted that I have a good chance for custody but I am unsure. Any help would be great.
I do not care how much money grandma has, unless you roll over and play dead she has no chance of getting custody of your children. She doesn't even have standing to file for custody. So, if she files get yourself an attorney.
 

not2cleverRed

Obvious Observer
CPS didn't do anything because frankly, CPS is unconcerned about adultery. They might have found you recording a bit creepy, at the least.

I certainly do, since your reaction to the recordings are so... odd. I think most reasonable people would react to that information along the lines of, "This lady clearly doesn't care about the marriage or the kids. Either she goes or I'm taking the kids and leaving." Followed by a police report about the drug use and a visit to a divorce lawyer.

Never take legal advice from the opposition... which would be your wife and her family.

And what ldij said.
 

not2cleverRed

Obvious Observer
Oh, and grandma is playing a dangerous (for her) game. Father's rights trumps Grandma's. She should be playing nice if she wants to see your children at all.

I suggest, if you honestly believe that your wife is putting out a hit on you, that you contact the police.
 

lawyertobe

Junior Member
I'm so sorry

I don't like to be the bearer of bad news, but in the state of Michigan grandparents have rights. Obviously, if she tries to take you to court to get custody, the best she can hope for is visitation, unless she can somehow prove you to be an unfit parent. I'll say a prayer that it works out for you, kids need their dad in their lives, way more than they need grandparents who successfully raised a drug addict!

Also, if you really believe your life may be in danger because your wife has put a hit on you, you may want to contact you local authorities. They can at least tell you what precautions to take.
 

CTU

Meddlesome Priestess
I don't like to be the bearer of bad news, but in the state of Michigan grandparents have rights.
Grandparents have NO inherent rights in ANY state. In some, grandparents may have standing to sue if they meet certain criteria.

Obviously, if she tries to take you to court to get custody, the best she can hope for is visitation, unless she can somehow prove you to be an unfit parent. I'll say a prayer that it works out for you, kids need their dad in their lives, way more than they need grandparents who successfully raised a drug addict!

Also, if you really believe your life may be in danger because your wife has put a hit on you, you may want to contact you local authorities. They can at least tell you what precautions to take.
I strongly suggest you sit back and read before you type. You're way off base.
 

LdiJ

Senior Member
I don't like to be the bearer of bad news, but in the state of Michigan grandparents have rights. Obviously, if she tries to take you to court to get custody, the best she can hope for is visitation, unless she can somehow prove you to be an unfit parent. I'll say a prayer that it works out for you, kids need their dad in their lives, way more than they need grandparents who successfully raised a drug addict!

Also, if you really believe your life may be in danger because your wife has put a hit on you, you may want to contact you local authorities. They can at least tell you what precautions to take.
Adding to what CTU said, grandma has NO standing to sue for custody at all. She may have standing to sue for visitation rights if dad and mom divorce, but standing to sue is absolutely no guarantee of a win, PARTICULARLY in Michigan.
 

not2cleverRed

Obvious Observer
Adding to what CTU said, grandma has NO standing to sue for custody at all. She may have standing to sue for visitation rights if dad and mom divorce, but standing to sue is absolutely no guarantee of a win, PARTICULARLY in Michigan.
And if I were this parent... it'd be my preference that less of the kids' time is spent with a grandparent who is threatening to try and take them away! She certainly sounds hostile to OP.
 

Just Blue

Senior Member
I don't like to be the bearer of bad news, but in the state of Michigan grandparents have rights. Obviously, if she tries to take you to court to get custody, the best she can hope for is visitation, unless she can somehow prove you to be an unfit parent. I'll say a prayer that it works out for you, kids need their dad in their lives, way more than they need grandparents who successfully raised a drug addict!

Also, if you really believe your life may be in danger because your wife has put a hit on you, you may want to contact you local authorities. They can at least tell you what precautions to take.

lawyertobe...How far away are you from your JD? 5 years? 7? Are you studying Michigan Law? IF you are indeed a "lawyertobe" then perhaps you should google up some stat's and case law regarding GP "rights' in Michigan.
 

compyguy85

Junior Member
Just a follow up. She has made more threats to me (through her brother) and has now threatened to randomly show up, have her biker friends jump me while she burns down the house (because she isn't entitled to any equity) and kidnaps the children and then leaves the state. I contacted the police (again. I contacted them the last time as well) and they are now on standby should anything happen. I am filing for an ex parte motion for full custody (though the CPS agent did tell me that the case is still in investigation so it hasn't closed or opened yet and that if she shows up before the motion takes place that she will intervene on my behalf). Every lawyer I have spoken to expects $3000 up front before even taking my case, and despite a good income, I am still paying over $1000 a month in babysitter fees, among other bills associated with having children and owning a house so I am unable to come up with the money, as my savings are drained. So I am going to go at it with no legal representation. Even if she hires a lawyer I am still confident I will be able to maintain custody with all of her issues. She hasn't even seen the children since she left 2 months ago. As far as her grandmother is concerned I am not concerned about her getting custody as she is 72 and so arthritic that she can barely move. What she does have is money, at least enough to hire an attorney to help her beloved granddaughter. I am more concerned about whether or not defending myself against a professional attorney will be damaging enough that I stand a chance of losing full custody
 
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not2cleverRed

Obvious Observer
Just a follow up. She has made more threats to me (through her brother) and has now threatened to randomly show up, have her biker friends jump me while she burns down the house (because she isn't entitled to any equity) and kidnaps the children and then leaves the state. I contacted the police (again. I contacted them the last time as well) and they are now on standby should anything happen. I am filing for an ex parte motion for full custody (though the CPS agent did tell me that the case is still in investigation so it hasn't closed or opened yet and that if she shows up before the motion takes place that she will intervene on my behalf). Every lawyer I have spoken to expects $3000 up front before even taking my case, and despite a good income, I am still paying over $1000 a month in babysitter fees, among other bills associated with having children and owning a house so I am unable to come up with the money, as my savings are drained. So I am going to go at it with no legal representation. Even if she hires a lawyer I am still confident I will be able to maintain custody with all of her issues. She hasn't even seen the children since she left 2 months ago. As far as her grandmother is concerned I am not concerned about her getting custody as she is 72 and so arthritic that she can barely move. What she does have is money, at least enough to hire an attorney to help her beloved granddaughter. I am more concerned about whether or not defending myself against a professional attorney will be damaging enough that I stand a chance of losing full custody
While I realize that your finances are stretched, beg anyone on your side for help getting a lawyer. Take out a loan, put expenses on credit cards, whatever it takes to come up with that extra money for a retainer. It is worth it.
 

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