Legal Question in Family Law in Michigan

How do you prove a mother is unfit?

My fiance and his ex-wife have joint custody for the past 3 1/2 years of their 6 and 5 year old. The mother has been an absolute nightmare as of late and is not acting like a mother should. The 6 yr old started all day kindergarten this year and mom has kept her home some days because mom didn't feel like getting up in the morning, or b/c she had a tummy ache she couldn't manage getting out of bed. The youngest one has recently told us that mom has slept all day while she was ''watching'' him and woke up just in time for dad to pick him up so he had to fend for himself (he's 5!). This was a non-preschool day for him. She can't spend time with them, or doesn't want to, but yet lies on the 6 year olds homework calendar that she does all these things with her and has commented that she is impressed with how well she has progressed in reading - that's b/c we have been working with her. The kids cry every time they have to go their mother's house and have consistently told us they want to stay with us. Her and her husband have recently put an offer on a house and will be moving further away from us and thinks that she has every right to make the decision as to where the kids will go to school. What legal right does my fiance have?


Asked on 4/13/09, 10:14 am

1 Answer from Attorneys

Jack Jaffe Legal Center of Jack L. Jaffe

Re: How do you prove a mother is unfit?

You can petition the court for a modification of the physical custodial arrangement and/or parenting time. However, I would need to review your judgment and obtain further information from you. I would be more than happy to meet with you to discuss the details of your case further. Please give me a call.

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Answered on 4/13/09, 11:54 am


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