Legal Question in Family Law in Michigan

Child visitation rights

If at all possible the most immediate answers would be very much appreciated. I am a father of 2 wonderful boys, and their maternal mother has practically abandoned them within the last 2 years and now wishes to return to the state and take them for a visit. I have witnesses and professional opinons of why these boys should not have unsupervised visits with their maternal mother. My biggest problem is the Friend of the Court says I will be held in contempt if I do not release them to her. The Friend of the Court states that even if the children do not want to visit I must send them. I feel the children need to get to know her again, and I need to know they are safe in her care in order to feel as if I am doing was is best and safe for them. Please tell me would I be held in contempt if I do not release them to her? Also if it would be a good idea to go to court and tell the judge my concerns for the childrens well being while being unsupervised with her. What are my options?


Asked on 5/05/99, 1:20 am

1 Answer from Attorneys

Regina Mullen Legal Data Services, PLC

Re: Child visitation rights

I would suggest filing a motion for supervised visitation IMMEDIATELY and ask for an expedited hearing. You don't need a lawyer to do it, although you should hire someone if you can. That way, you can get in to see the judge and explain your concerns. Make sure you talk in terms of what is best for the kids and don't bring up any factors relating to YOUR relationship with the mother, unless it is absolutely relevant. The FOC is not allowed to give you legal advice, and I strongly suggest that you need to get into court as a pre-emptive measure, if you don't want to be on the wrong end of a contempt hearing. Certainly, the boys need to see their mother, but if she has been away for 2 years and they are young, for example, that could be traumatic. You should also talk to your boys and find out how they feel. I'm sure they'd want to see Mommy [you haven't said why you have concerns for their safety], but you do have an obligation to make sure it is done in an appropriate way. So long as you are not perceived as bearing a grudge [for example for child support], you should suggest FOR THE CHILDREN'S BENEFIT that a pre-visit take place and that someone the kids know well is allowed to be nearby in case THEY feel uneasy. Good luck!

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Answered on 5/05/99, 11:00 pm


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