Legal Question in Family Law in Michigan

custody dispute :Him/vs/Her/vs/Cps

In a judgement decree dated 9/11/2003 my wife and I were given an exact 50/50 custody split of our daughter.A provision was included:neither party may use controlled substances.On 10/12/03 my wife was arrested for felonious possession of a controlled substance.Prior to that, though not prior to the divorce decree, a Children's protective services investigation had commenced.A petition brought about a hearing resulting in my daughter(along with 4 other minor children) being removed from the home(my wife's}.My daughter and the other children fell under a provision of MCL 712A.2 and the petition was authorized, placing children with the family independence agency for placing. Why my daughter?An order was issued stating my daughter remain in my ''care and control'' and provided ridiculous conditions for that order.The original order removed her from me and gave her to my parents because of a lie in the report of the cps caseworker.What are my immediate options?Do I have to follow the stipulations of the order?Where lies the custody?How can I get sole legal and physical custody?Can I sue for slander due to distress and legal ramnifications throughout two-months of legal procedings? Help!?


Asked on 12/29/03, 8:19 pm

1 Answer from Attorneys
Janet Ziulkowski Ziulkowski & Associates, P.L.C.

Re: custody dispute :Him/vs/Her/vs/Cps

Unfortunately, this situation happens all too often. Generally, when a child is removed from custody, a petition must be filed for return. Because your circumstances appear very complicated, I cannot fully respond to your question. If you would like to discuss this in further detail, call me at 586-992-9981. Good luck.

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Answered on 12/30/03, 6:10 am


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