What is the name of your state (only U.S. law)? Mi
You need to read the Macomb County Circuit court site. When your done go to the Friend of Court site and read the Handbook, all of it. Then read the Michigan State handbook and anything else on custody matters on the Mi state site.
There are many lawyers in Macomb that will work with you and ways to keep the costs down, many will do payment plans. You also have the option of Oakland and Wayne county to find a lawyer, many do all 3 counties. My daughter has had 2 lawyers and both were out of Oakland but case was heard in Macomb.
Change of circumstance in Macomb, is not what ones will tell you here, it rarely follows the state laws. I do know for fact, that several Judges will listen when things like change in behaviour or change in school, multiple moves, are in the picture. Just have to have the right lawyer and know what your doing to. Won't always change right away the custody, but without them knowing anything, if it were to get worse your still sitting at square one. Sometimes to they will change things to have the other parent be responsible for schooling, more on a 50/50 level.
What's the current parenting time schedule? How far are you from the child's school and his home?
You need to become heavily involved with the childs school, that means constant contact with teachers, helping with homework(if even just over the phone). Most teachers in the area will work with a NCP through emails, you have the right in this state to all your childs school info. You should also get the child in counseling, as many Macomb Judges will listen to qualified counselors. The Judges are not found of talking to the children themselves in Macomb, that includes older teens. But they will order counseling and/or GALs. And they do listen to what they have to say, often will make changes, maybe not completely changing costody but changing parenting time, to allow the other parent more involvement.
I do know many dads in Macomb who are CP's and they got them through the court, I also know many who have gotten 50/50. But on the whole the brunt coming out of Macomb court will be mom being CP.
Understand that FOC and Refs only make recommendations and that those recommendations can be objected to. I have seen many Judges decide the opposite of the Refs and FOC in that court. The FOC handbook is wrong on the time frame to file an objection though, it is not 21 days. So you must get the correct information from the court or a lawyer. Last I knew of an objection, it needed to be filed the following Monday(the monday following the court hearing)by 4:30 pm. If you don't file objections, the recommendation then goes to the Judge and they sign off on it. The Refs are pretty off the wall in Macomb, they make some strange recommendations and most Judges change them if it is objected to.
The other thing about Macomb, things move fast. You file this week, and you can have a court date for next week, child support issues usually take 2 weeks. For a custody hearing, you will get the first hearing within a week or 2, but if both sides disagree, then it will take some time. They usually order an FOC custody investigation which takes about 2 months for the hearing and recommendation. Then it's back to having a hearing before the Judge, can take up to a year to complete the full custody trial.
Parenting time is a different story, you have a week usually from time of filing till hearing in front of a Ref. Then you have about a week for objections to be put in, if they are about another week or 2 before a hearing in front of the Judge. So total on parenting time is about a month for final decision from time of filing.
I would get involved with the school, get the child in counseling, try and work it out with mom. When working with mom, don't even talk to her about actually changing custody, try getting her to agree that the child stay with you during school. She has him eow and offer a couple hours several weeknights. Perhaps going as far as summer, and offer then to switch back to child with her and you have the eow and weeknights of course with vacation time added in. You might get further with this. If you can get the child for the school year, and improve his school and behavior situation, you have status quo. MACOMB LOVES STATUS QUO. I have a Nephew that is CP through Macomb and he got it on status quo. Mom changed her mind and refused to send the child back, but the court then saw it different, and technically mom still had custody, dad never filed while he had child.
But if you can't get mom to switch it for the school year, then your involvement with school, counselors and that can be enough to change things. It's enough to get a hearing, cause anything filed IS ALWAYS HEARD, CHANGE OF CIRCUMSTANCE OR NOT. Most often to, if the other side goes with the no change of circumstance, throw this out, the court will hear it through anyways.
But you need to do these things, and while your doing them, you need to learn everything you can on Macomb's process and the State's process.
I know Macomb Circuit court well, and while they favor mom and changing custody is very hard, it can be done. Depends on the Refs or Judge, depends on their mood of the moment. Macomb does not exactly follow the rules or laws.
You need to read the Macomb County Circuit court site. When your done go to the Friend of Court site and read the Handbook, all of it. Then read the Michigan State handbook and anything else on custody matters on the Mi state site.
There are many lawyers in Macomb that will work with you and ways to keep the costs down, many will do payment plans. You also have the option of Oakland and Wayne county to find a lawyer, many do all 3 counties. My daughter has had 2 lawyers and both were out of Oakland but case was heard in Macomb.
Change of circumstance in Macomb, is not what ones will tell you here, it rarely follows the state laws. I do know for fact, that several Judges will listen when things like change in behaviour or change in school, multiple moves, are in the picture. Just have to have the right lawyer and know what your doing to. Won't always change right away the custody, but without them knowing anything, if it were to get worse your still sitting at square one. Sometimes to they will change things to have the other parent be responsible for schooling, more on a 50/50 level.
What's the current parenting time schedule? How far are you from the child's school and his home?
You need to become heavily involved with the childs school, that means constant contact with teachers, helping with homework(if even just over the phone). Most teachers in the area will work with a NCP through emails, you have the right in this state to all your childs school info. You should also get the child in counseling, as many Macomb Judges will listen to qualified counselors. The Judges are not found of talking to the children themselves in Macomb, that includes older teens. But they will order counseling and/or GALs. And they do listen to what they have to say, often will make changes, maybe not completely changing costody but changing parenting time, to allow the other parent more involvement.
I do know many dads in Macomb who are CP's and they got them through the court, I also know many who have gotten 50/50. But on the whole the brunt coming out of Macomb court will be mom being CP.
Understand that FOC and Refs only make recommendations and that those recommendations can be objected to. I have seen many Judges decide the opposite of the Refs and FOC in that court. The FOC handbook is wrong on the time frame to file an objection though, it is not 21 days. So you must get the correct information from the court or a lawyer. Last I knew of an objection, it needed to be filed the following Monday(the monday following the court hearing)by 4:30 pm. If you don't file objections, the recommendation then goes to the Judge and they sign off on it. The Refs are pretty off the wall in Macomb, they make some strange recommendations and most Judges change them if it is objected to.
The other thing about Macomb, things move fast. You file this week, and you can have a court date for next week, child support issues usually take 2 weeks. For a custody hearing, you will get the first hearing within a week or 2, but if both sides disagree, then it will take some time. They usually order an FOC custody investigation which takes about 2 months for the hearing and recommendation. Then it's back to having a hearing before the Judge, can take up to a year to complete the full custody trial.
Parenting time is a different story, you have a week usually from time of filing till hearing in front of a Ref. Then you have about a week for objections to be put in, if they are about another week or 2 before a hearing in front of the Judge. So total on parenting time is about a month for final decision from time of filing.
I would get involved with the school, get the child in counseling, try and work it out with mom. When working with mom, don't even talk to her about actually changing custody, try getting her to agree that the child stay with you during school. She has him eow and offer a couple hours several weeknights. Perhaps going as far as summer, and offer then to switch back to child with her and you have the eow and weeknights of course with vacation time added in. You might get further with this. If you can get the child for the school year, and improve his school and behavior situation, you have status quo. MACOMB LOVES STATUS QUO. I have a Nephew that is CP through Macomb and he got it on status quo. Mom changed her mind and refused to send the child back, but the court then saw it different, and technically mom still had custody, dad never filed while he had child.
But if you can't get mom to switch it for the school year, then your involvement with school, counselors and that can be enough to change things. It's enough to get a hearing, cause anything filed IS ALWAYS HEARD, CHANGE OF CIRCUMSTANCE OR NOT. Most often to, if the other side goes with the no change of circumstance, throw this out, the court will hear it through anyways.
But you need to do these things, and while your doing them, you need to learn everything you can on Macomb's process and the State's process.