Child Visitation

[tanya14blair]

What is the name of your state (only U.S. law)? Michigan

Can the mother of my husband's child use our behind closed doors sex life against him in court? Recently my husband's ex, the mother of his child, submitted to friend of the court a parenting time order to take visitation away based on a profile she found on a members online website. The website is a lifestyle that DOES NOT happen while the child is in his care. Can this be used against him in court?

 

[Just Blue]

What is the name of your state (only U.S. law)? Michigan

Can the mother of my husband's child use your behind closed doors be used against him in court?

Huh? Could you translate this to English please?

 

[Just Blue]

What is the name of your state (only U.S. law)? Michigan

Can the mother of my husband's child use our behind closed doors be used against him in court? Recently my husband's ex, the mother of his child, submitted to friend of the court a parenting time order to take visitation away based on a profile she found on a members online website. The website is a lifestyle that DOES NOT happen while the child is in his care. Can this be used against him in court?

Horrible phrasing.

She possibly could. Depends on the "lifestyle". Based on your very vague and poorly worded post...Depends. Perhaps. Maybe.

 

[tanya14blair]

I'm not sure how to post the question. We are in a somewhat of a swinger lifestyle. But have never done anything in the lifestyle, nor can anything be proven that we participate. But as I said that website is a member only viewing website can he hold it against her that she had to be a member to view? And in that case print out the profile for the court?

 

[TinkerBelleLuvr]

In order to determine the length, frequency and type of parenting time, the
court considers several factors (MCL 722.27a).
1. The existence of any special circumstances or needs of the child.
2. Whether the child is a nursing child less than 6 months of age, or less
than 1 year of age if the child receives substantial nutrition through
nursing.
3. The reasonable likelihood of abuse or neglect of the child during
parenting time.
4. The reasonable likelihood of abuse of a parent resulting from the exercise
of parenting time.
5. The inconvenience to, and burdensome impact or effect on, the child of
traveling to and from the parenting time.
6. Whether a parent can reasonably be expected to exercise parenting time
in accordance with the court order.
7. Whether the parent has frequently failed to exercise reasonable parenting
time.
8. The threatened or actual detention of the child with the intent to retain
or conceal the child from the other parent or from a third person who
has legal custody. A custodial parent’s temporary residence with the child
in a domestic violence shelter shall not be construed as evidence of the
custodial parent’s intent to retain or conceal the child from the other
parent.
9. Any other relevant factors.

http://courts.michigan.gov/scao/services/focb/parentingtime/FOC_Forms/pt_guidelines.pdf

The key on this is that such behaviours do NOT happen when child is there.

Mom can try (as she obviously has), but will she prevail?

722.23 “Best interests of the child” defined.
Sec. 3.
As used in this act, “best interests of the child” means the sum total of the following factors to be considered, evaluated, and determined by the court:
(a) The love, affection, and other emotional ties existing between the parties involved and the child.
(b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any.
(c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.
(d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
(e) The permanence, as a family unit, of the existing or proposed custodial home or homes.
(f) The moral fitness of the parties involved.
(g) The mental and physical health of the parties involved.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.
(j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.
(k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
(l) Any other factor considered by the court to be relevant to a particular child custody dispute.

http://www.dadsofmichigan.org/keyissues.html

Question:
Is she trying to change the parenting time schedule, or a full bloom change in custody?

 

[Just Blue]

I'm not sure how to post the question. We are in a somewhat of a swinger lifestyle. But have never done anything in the lifestyle, nor can anything be proven that we participate. But as I said that website is a member only viewing website can he hold it against her that she had to be a member to view? And in that case print out the profile for the court?

Is English your second language? I ask because your postings are unclear and/or contradictory.

 

[TinkerBelleLuvr]

From what I can gather, mom is trying to take away parenting time based on adult activities. Mom's filed a motion to limit something.

I'm asking exactly WHAT was filed. It makes a difference in what I research.

 

[tanya14blair]

The mother would like for parenting time to be changed if possible. But he is already at the bottom of visitation as it is. He with me supervising only has her every other Saturday and Sunday for 4 hours each day.

 

[tanya14blair]

No English is not my second language. What is it you need to know to help me?

 

[tanya14blair]

Mom filed what FOC, Friend of the Court, calls a Motion regarding parenting time. In the motion she is asking the court to change parenting to a parenting time center, as well as asking that I no longer be able to be supervisor.

 

[TinkerBelleLuvr]

Why are they supervised?

How old is the child?

 

[tanya14blair]

The visits are supervised per the mothers request because she states the father is violent. The child is 3.

 

[TinkerBelleLuvr]

Mom filed what FOC, Friend of the Court, calls a Motion regarding parenting time. In the motion she is asking the court to change parenting to a parenting time center, as well as asking that I no longer be able to be supervisor.

Based on what's been said, mom's going to need more than a website that she will need to prove is you and your husband.

Is there anything besides the website to say it must go to a supervision center?

 

[tanya14blair]

She is just requesting it go to the parenting center. When she filed the motion she included the printed off profile page. But in order to see the profile on the website you have to be a member of the website. She is trying to state that the child has been exposed to the lifestyle, yet every time we have visitation we pick her up and we go visit family because he only has her so long. At the beginning of this whole battle visitation was during the week but because the father is a truck driver and is only home on weekends it was switched to weekends and the parenting time center here in our town is only open during the week. She is trying to completely get the father out of the child's life.

 

[LdiJ]

At this point about the only thing I can suggest is that dad contact an attorney. If the child is three and dad only has 4 hours of supervised visitation sat and sun every other weekend, then there is a backstory there that could be relevant.

In addition, no one can tell dad whether or not the "swinger" bit can make a difference without being privy to the details, which you understandably are not willing to disclose here.

He needs to talk to an attorney to whom he can spill the entire story, in detail, in order to get a reasonably accurate answer.