Legal Question in Family Law in Michigan

Child Placemeny

I am currently in the middle of a divorce and my husband has a restraining order out on him which states he is not allowed any contact with me or our 5 children. He was recently acquitted of charges of CSC. There is known abuse in his side of the family. I am trying to do everything possible to keep him from seeing and having rights to the kids due to the fact that I know he committed these crimes against a 9 year old girl. If something were to happen to me can I arrange it so that a friend of mine would have custody of the children, or would their father automatically get custody? The children have not seen their father in over a year and at the present time do not wish to see him. Will they live the decision up to the children as to who they would go with in the event I was to pass away? (ages 10,8,8,6,6mo.) Do I need to make out a will that states that the friend should have custody and what should the friend do to help assure that custody would go to him?


Asked on 8/12/02, 7:52 pm

2 Answers from Attorneys
John C. Talpos Talpos & Arnold

Re: Child Placemeny

Hello, I have received a copy of your e-mail concerning your ex-husband. The answer is complicated because your ex's parental rights seem not to have been terminated. That should be your first objective. If that cannot be accomplished, then you may face an uphill battle. however, you can name some other adult the guardian of your children and make sure that your reasons are clearly spelled out in the Will. It would help if the guardian(s) is a close relative, the type of person who would normally be considered in a case where both parents had died. Even, with all of these precautions there is still no guarantee short of termination of parental rights. Feel free to give me or my associate, Karen Crusse, a call for further information. John C. Talpos (http://www.Mich-Lawyer.com) (248) 743-6800

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Answered on 8/13/02, 7:58 am
William Stern William Stern, P.C.

Re: Child Placemeny

Making a will or trust with your wishes is evidence that a judge may consider regarding custody in the event of your death. It is not conclusive. Have you petitioned for supervised visitation? The burden of proof is less in a civil case so the fact that he was acquited in the criminal case is not determinative that he will not require supervised visitation. Bill Stern 248-353-9400

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Answered on 8/12/02, 8:20 pm


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