Any family law lawyers here?

Radical Edward · #1 04-21-2010, 09:39 AM

So... I have legal custody of my daughter and her father has physical custody. I recently went over there and found him high as a kite on something and was all alone with my daughter so I called the cops. They did nothing but called CPS, and now CPS is charging him with Neglect and Refusal to take a Drug Test or something, according to him anyway. I've called CPS and left several message and they haven't gotten back to me, yet. I'd love to have sole custody of her for obvious reasons but I'm not sure they'll let me take her. They didn't even notify me that this was going on when I was the one who called the cops...
Any legal help or advice.. ?

TheDarkReaver · #2 04-21-2010, 09:48 AM

Wait, what? Legal and physical custody? What do you mean by that.

I'd advise going to a real lawyer rather than a forum full of musicians, especially since CPS is involved.

Radical Edward · #3 04-21-2010, 10:10 AM

Quote:

Originally Posted by TheDarkReaver

Wait, what? Legal and physical custody? What do you mean by that.

I'd advise going to a real lawyer rather than a forum full of musicians, especially since CPS is involved.

I have no funding available. I just lost my job, car, and place to stay..... I'm at my mom's now. -_-

TheDarkReaver · #4 04-21-2010, 10:12 AM

Where's the kid now? Surely not still with the dad?

Radical Edward · #5 04-21-2010, 10:17 AM

Quote:

Originally Posted by TheDarkReaver

Where's the kid now? Surely not still with the dad?

Uh.. yeah. Don't ask me how but she's still with him. I tried calling the cops and they didn't do anything. There's nothing I can do about that part... Hoepfully it'll all work out, I guess. He's not a bad dad most of the time, but he makes stupid, irresponsible mistakes... Which is ridiculous. He's 50. He needs to grow up.

TheDarkReaver · #6 04-21-2010, 10:22 AM

Then there's holes to your story. Unless your system is extremely effed up then the state wouldn't leave the child with the guy they were charging for neglect. Seriosuly, can you imagine the conversation. "Err, yeah...we charging you with neglect. Oh we're going to leave the kid with you, I'm sure it'll be fine"

Basically, as far as I see you need a proper lawyer because you'd need to take it through the courts unless you can settle something with the father guy.

RWP · #7 04-21-2010, 10:28 AM

Have you consider adoption? Doesn't sound like you guys are up to the task.

Relic · #8 04-21-2010, 10:32 AM

Mikaela - you need to go to Family Services in your municipality. Here in Jersey, the cops really can't do a thing (trust me, I know this as a fact) and a lawyer can give you great advice but if you don't have the cash, then what? At the very least if you go to Family Services (or whatever it's called in your state) they can give you some guidance. If you dont know how to contact them, check with the police, explain to them the situation and they may be able to steer you in the right direction at the least.

Relic · #9 04-21-2010, 10:34 AM

Quote:

Originally Posted by TheDarkReaver

Then there's holes to your story. Unless your system is extremely effed up then the state wouldn't leave the child with the guy they were charging for neglect. Seriosuly, can you imagine the conversation. "Err, yeah...we charging you with neglect. Oh we're going to leave the kid with you, I'm sure it'll be fine"

Basically, as far as I see you need a proper lawyer because you'd need to take it through the courts unless you can settle something with the father guy.

You would be both surprised and shocked dude. I was in a dicey situation with the ex at one time and couldn't even get full custody of my kids while she was committed for mental health issues. This, even though I had a stable job, residence, no history of mental health issues. My only problem apparently was that I had a ding-dong and not girly-bits...

TheDarkReaver · #10 04-21-2010, 10:41 AM

Cripes, you're system is effed up then?

Do you guys have a citizens advise bureau or anything?

karrot-x · #11 04-21-2010, 10:41 AM

Quote:

Originally Posted by RWP

Have you consider adoption? Doesn't sound like you guys are up to the task.

+1

bassteban · #12 04-21-2010, 10:42 AM

Quote:

Originally Posted by Mikaela Ellinger

They didn't even notify me that this was going on when I was the one who called the cops...

Huh?

Febs · #13 04-21-2010, 10:45 AM

Quote:

Originally Posted by Mikaela Ellinger

Any legal help or advice.. ?

I cannot give you legal advice because I am not admitted in Michigan and I don't practice family law. However, I strongly recommend that you consult with a Michigan attorney. If you cannot afford to hire an attorney, you should contact your local bar association or pro bono law association for assistance.

Here is the website of Legal Aid of Western Michigan:

http://www.legalaidwestmich.org/docu...-30.7456215880

Here is the website of the Grand Rapids Bar Association:

http://www.grbar.org/displaycommon.c...barticlenbr=29

Radical Edward · #14 04-21-2010, 10:51 AM

Well, you guys saying we're not up to the task can kiss my ass. Way to be sympathetic. Stuff happens. I was engaged to the guy at the time. Yes, I've made my mistakes and I have no one to blame but myself, just like everyone else in the world. But I love my daughter dearly and I will do anything and everything I can to make sure she's happy and safe. I'm a damn good mother and no one here or anywhere else is going to convince me otherwise. Sometimes.. I just have limited options. He has friends in the system and more money than I do.
I'd never tell you you couldn't care for your child and you're certainly in no place to tell me that I can't care for my own. She's my daughter and I'm not giving her up. Not now. Not ever.

Anyway, I was just hoping there'd be a lawyer who played bass here and maybe he'd give me advice on where to go next, but I'll do it on my own.

Thank you Febs for being the only person here to answer my question.

Joey3313 · #15 04-21-2010, 10:55 AM

Quote:

Originally Posted by RWP

Have you consider adoption? Doesn't sound like you guys are up to the task.

Weak, dude.

bassteban · #16 04-21-2010, 11:05 AM

If I were in a situation even remotely like this, I would say nothing here, or anywhere else public, & go find a good lawyer.

standupright · #17 04-21-2010, 11:09 AM

Quote:

Originally Posted by RWP

Have you consider adoption? Doesn't sound like you guys are up to the task.

Quote:

Originally Posted by karrot-x

+1

RWP · #18 04-21-2010, 11:09 AM

Quote:

Originally Posted by Joey3313

Weak, dude.

I know that probably sounds mean but I am thinking of the child. Mikaela, fight for your child, get a job, a secure home and get full custody. It's obvious the father is failing. You need to step up to the plate and make your child your first priority.

karrot-x · #19 04-21-2010, 11:10 AM

Quote:

Originally Posted by bassteban

If I were in a situation even remotely like this, I would say nothing here, or anywhere else public, & go find a good lawyer.

Yup. I'd also find a job immediately, regardless of the task.

Radical Edward · #20 04-21-2010, 11:10 AM

Quote:

Originally Posted by bassteban

If I were in a situation even remotely like this, I would say nothing here, or anywhere else public, & go find a good lawyer.

I'll do anything to find out how I can best help my daughter. I had a lawyer before and still lost my case because he was a horrible lawyer. I don't have the money for a good one, so I'm willing to accept people's ridicule and abuse on here, if just to find an answer. Something. Anything. And I've found a bit of help, so this effort wasn't completely fruitless.

I'm filling out numerous applications every day and registered with 4 temp agencies in the area. There's just really no work in Michigan, really. I'm trying though, every day.