Legal Question in Family Law in Michigan

My child's father is currently in prison, has been for close to nine years. The charges were armed robbery, home invasion 1st degree, and 2 counts of criminal sexual misconduct. He may be getting out soon, and I think he is filing motions with friend of the court. What is likely to happen here? What should be my next step? My time with him was not healthy to say the least, and I did charge him with domestic violence at one time. What can I do to keep him out of my and my daughter's life?

Asked on 2/07/10, 8:07 am

1 Answer from Attorneys

Heather Bendure Bendure & King, PLLC

It depends on whether there is an existing paternity/custody order in place. If so, that remains in effect until either you or he file a Motion to change it. If he files, you need to file a response opposing his request for time with the child. You should attach all of the documents you can showing the domestic violence and other criminal history.

If there has never been anything filed with Court, he would have to file a Complaint. The Court would then decide custody, parenting time, paternity and child support. You need to respond to his complaint explaining why you don't want him to have parenting time.

Either way, you have a very short time to respond. If you get any paperwork, you should contact an attorney immediately. Good luck.

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Answered on 2/12/10, 8:31 am

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