My question involves a child custody case from the State of: Michigan
The divorce was finalized in July of 2017. The mother was granted sole physical custody of the two minor children and joint-legal custody. This was agreed upon by both parties at the time.
The father at that point had moved in with his girlfriend and her 18 year old son. Mother lives with the 2 minor children. Father was ordered to pay child support, an amount determined by Friend of the Court which the father felt was too high, but has been paying through his employer.
The mother started dating a registered sex offender - she was aware of the conviction and the children were never alone with him. He was convicted in 2009 of child pornography possession & distribution. He is not currently on parole and has no legal restrictions about being around children. They only went to events together (fair, fireworks, ect.) and he was at their home in the evening after the children had gone to bed. When the father of the children discovered he was a sex offender he requested the boyfriend not be around the children, which the mother agreed to and the boyfriend has not seen the children in over a month at this time. A couple days later there was an anonymous CPS complaint made against the mother. It stated she was dating/living with a sex offender, neglecting her children, living in poor living conditions. CPS investigated, however they found after talking to both parents, the boyfriend, children, and seeing the home that the allegations were unfounded. Once that investigation was closed the father went to the police and filed a police report of the same allegations. Again the police came to the home and decided the report was unfounded. The father at that point filed for a change in custody over all of the same allegations.
The mother has been the primary care giver of the children all of their lives, works from home to take them to and from school, involved in after school activities and very involved in the doctor appointments and speech, OT/PT for their youngest child in particular. The father has never been involved, has skipped numerous visits since separation, and just decided to get remarried. The parents currently live over 50 miles apart after the father moved out. The mother lives in the family home & children attend the same schools for the past 5 years. The mother has always encouraged visitation with the children's father.
Given this information what is the likelihood of the father changing custody? What information should the mother specifically bring to court?
The divorce was finalized in July of 2017. The mother was granted sole physical custody of the two minor children and joint-legal custody. This was agreed upon by both parties at the time.
The father at that point had moved in with his girlfriend and her 18 year old son. Mother lives with the 2 minor children. Father was ordered to pay child support, an amount determined by Friend of the Court which the father felt was too high, but has been paying through his employer.
The mother started dating a registered sex offender - she was aware of the conviction and the children were never alone with him. He was convicted in 2009 of child pornography possession & distribution. He is not currently on parole and has no legal restrictions about being around children. They only went to events together (fair, fireworks, ect.) and he was at their home in the evening after the children had gone to bed. When the father of the children discovered he was a sex offender he requested the boyfriend not be around the children, which the mother agreed to and the boyfriend has not seen the children in over a month at this time. A couple days later there was an anonymous CPS complaint made against the mother. It stated she was dating/living with a sex offender, neglecting her children, living in poor living conditions. CPS investigated, however they found after talking to both parents, the boyfriend, children, and seeing the home that the allegations were unfounded. Once that investigation was closed the father went to the police and filed a police report of the same allegations. Again the police came to the home and decided the report was unfounded. The father at that point filed for a change in custody over all of the same allegations.
The mother has been the primary care giver of the children all of their lives, works from home to take them to and from school, involved in after school activities and very involved in the doctor appointments and speech, OT/PT for their youngest child in particular. The father has never been involved, has skipped numerous visits since separation, and just decided to get remarried. The parents currently live over 50 miles apart after the father moved out. The mother lives in the family home & children attend the same schools for the past 5 years. The mother has always encouraged visitation with the children's father.
Given this information what is the likelihood of the father changing custody? What information should the mother specifically bring to court?
Modification of Custody: Mother Has Sole-Physical Custody - Father Requesting Change
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