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Custody question

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gam

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

Not my case, it is my daughter's case.

When child was 2 months old, mom was given temp primary custody, dad given temp joint legal. Custody trial set, dad didn't show(he filed for it to begin with)to custody trial. Dad put in default, given 2 chances to get default set aside. He didn't do what he was suppose to, so court defaulted sole custody to mom(daughter).

Dad filed later on for joint legal. Judge sent it to FOC to investigate. FOC investigator recommended joint legal. Now what is suppose to happen, is FOC investigator writes up recommendation, sends copy to both parents and to Judge. Each party has x amount of time to object, if they don't, Judge signs off on it and it is an order.

What happened, was nothing. Recommendation was either never written up or not sent to parents and to Judge. It's logged on court record that she was going to recommend, but there is nothing after that. Neither party was able to object, nor did Judge sign recommendation into order.

This recommendation was from 2 years ago. So who has what custody in this case?

I've looked and looked and can't find any rules on how long that recommendation can just sit like that. Daughter has been to several lawyers, none can tell her the answer either. All say they have never seen that happen before.
 


StampGirl

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

Not my case, it is my daughter's case.

When child was 2 months old, mom was given temp primary custody, dad given temp joint legal. Custody trial set, dad didn't show(he filed for it to begin with)to custody trial. Dad put in default, given 2 chances to get default set aside. He didn't do what he was suppose to, so court defaulted sole custody to mom(daughter).

Dad filed later on for joint legal. Judge sent it to FOC to investigate. FOC investigator recommended joint legal. Now what is suppose to happen, is FOC investigator writes up recommendation, sends copy to both parents and to Judge. Each party has x amount of time to object, if they don't, Judge signs off on it and it is an order.

What happened, was nothing. Recommendation was either never written up or not sent to parents and to Judge. It's logged on court record that she was going to recommend, but there is nothing after that. Neither party was able to object, nor did Judge sign recommendation into order.

This recommendation was from 2 years ago. So who has what custody in this case?

I've looked and looked and can't find any rules on how long that recommendation can just sit like that. Daughter has been to several lawyers, none can tell her the answer either. All say they have never seen that happen before.


What is the LAST court order say? That is the ruling factor. Anyone can recommend whatever they want. IF the judge doesn't sign it, its not a court order.

Seniors? Correct me if I am wrong.
 

gam

Senior Member
Last court order says daughter has sole.

Problem comes in that he believes he has joint. Child is 5, several factors coming up, that would be considered major decisions. Daughter discussed them with her ex, he does not agree with her(never does no matter what).

Just concerned if she goes ahead and does what she thinks is best, cause she has sole, then it will bite her in the butt.
 

Just Blue

Senior Member
What is the LAST court order say? That is the ruling factor. Anyone can recommend whatever they want. IF the judge doesn't sign it, its not a court order.

Seniors? Correct me if I am wrong.

Hey !! Congrats on your new senior status!!!:cool:
 

mommyof4

Senior Member
Last court order says daughter has sole.

There's your answer (or rather, your daughter's answer).

She has sole residential and legal custody. She has discussed the issues with the father, which she is not LEGALLY required to do per court order and now she must make the decision she thinks is in the best interest of their child.

If Dad doesn't like it, he can file in court for modification of the custody order.

****************

StampGirl...you're no longer a 'girl'. You're a woman!!! (Mo4 tearing up and sniffling.):D
 

StampGirl

Senior Member
There's your answer (or rather, your daughter's answer).

She has sole residential and legal custody. She has discussed the issues with the father, which she is not LEGALLY required to do per court order and now she must make the decision she thinks is in the best interest of their child.

If Dad doesn't like it, he can file in court for modification of the custody order.

****************

StampGirl...you're no longer a 'girl'. You're a woman!!! (Mo4 tearing up and sniffling.):D


LOL Mo4!!! I am forever a girly-girl :)

Oh and just so the Gma knows: IF Dad decides to file for joint custody COUNT on him getting it :)
 

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