Legal Question in Family Law in Michigan

unmarried with a child

after five years together my closesty friend and her boyfriend broke up. He cheated, she found out and took it out on his car. She is willing to take responsibilty for her actions (i.e. pay for damamges) but his family wants to take her daughter away and use it against her. He controlled her life in every way and now he kicked her out and she has no job or home. She will be staying with me and my family but I worry his family (who has $$) will try to and succeed at taking her down. What options does she have? Since they never married are the rights to a child the same? If she allows her daughter to visit with his parents is she forfeiting any rights? While his family tells her it is her fault that he cheated and that he was controlling, will his actions be taken into consideration at all?


Asked on 5/05/08, 10:37 am

2 Answers from Attorneys
Stuart Collis Collis, Griffor & Hendra, PC

Re: unmarried with a child

Is he on the birth certificate? If so, she needs to start a custody case. If not, she needs to start a paternity case. Until there are court orders, there are no real rules.

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Answered on 5/05/08, 11:29 am
Heather Bendure Bendure & King, PLLC

Re: unmarried with a child

Your friend should file an action for custody and child support(it's pretty much the same thing that would happen in a divorce case). Grandparents do not have any rights to visitation in Michigan. The cheating isn't an issue regarding break-up, but the Courts review a host of what they call "best interest factors" to determine who should receive custody. Domestic violence is an issue. Her actions may be used against her and his cheating might be used against him. She should start keeping a diary of everything that happens from here on out.

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Answered on 5/05/08, 11:29 am


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