I’m in Michigan and have an expedited custody hearing next week. I’ve been trying to retain a lawyer, but most of the attorneys I’ve contacted have told me the hearing is too soon for them to take the case, so I’m preparing to handle it pro se if I have to.
My son is elementary school age, L. others are: his dad D, dad’s wife S and paternal grandma G.
D and I have joint legal/physical custody. D has around 60% parenting time from a settlement in May 2024.
The reason we are back in court right now is CPS.
There was an incident after L hit his younger sister. L reported that D grabbed him out of his gaming chair by his shirt, threw/tossed him onto his bed and screamed directly in his face.
S was in the house but did not personally witness the physical part. She was in the sister’s room comforting her but heard D screaming from the other room.
L separately disclosed what happened and a therapist made the CPS report. I was not the person who reported it.
CPS is investigating, and unhappy with their findings. Dad has not fulfilled any of their requests and she told us (stepmom and I) that she is referring us to FOC after the investigation. She texted she is willing to speak at this expedited hearing.
I filed for emergency custody. The judge denied the immediate ex parte change but granted an expedited hearing for next week.
The CPS case is also what opened up a much bigger issue for me.
Once CPS got involved, people started talking more openly and I started learning how D’s parenting time has actually been functioning behind the scenes, and abuse stepmom has been dealing with (majority financial and verbal)
When we settled in May 2024, D did not travel for work to my knowledge. I agreed to him having around 60% parenting time believing he would actually be the person exercising it and the school district being what our child needs.
After the settlement D and S got back together and remarried. D later started traveling extensively for work.
I found out he was traveling at times and would ask to have L while he was gone instead of L staying with other people. D would either ignore me or deny that he was traveling.
What I didn’t know was how extensive the travel and delegation actually were.
Now S is leaving D again and preparing to serve him divorce papers. She is willing to testify about what was actually happening inside their household and what CPS has brought to light. She also has children with D who are L’s siblings and L has been raised with them.
I have no intention of their divorce meaning L suddenly loses S or his siblings. S and I work well together with the kids. If L lives primarily with me, I would still allow S to have independent time with him so those relationships can continue.
According to S, she has been doing most of the actual parenting during D’s time. She handles school, appointments, activities, transportation, exchanges, clothes, baths and normal day to day care. She communicates with me about L and reminds D about appointments and responsibilities.
She estimates D was gone around 80% of this summer, although we’re working on actual dates rather than relying on an estimate.
She can also potentially verify dates where I asked D if he was traveling or asked to have L, D denied it or ignored me, and he was actually gone while L stayed with S or his parents.
There are texts showing some of the delegation too.
One example is L’s speech therapy. I recently learned G was receiving L’s appointment notifications and independently called the provider and canceled an appointment. S was confused because she had already coordinated the appointments with D.
I wasn’t involved in any of that even though I’m L’s other joint legal parent.
My problem isn’t that S or G cared for L. I’m glad he has people who love him. My problem is D having 60% parenting time on paper while other people appear to have actually exercised a significant amount of it, including times when I was available and specifically asking to have my son.
Communication with D has also been a longstanding issue. He is barely responsive to me. Messages about L are regularly ignored or barely answered, which makes medical, school, therapy and other joint decisions extremely difficult.
It’s honestly hard to even figure out what parenting time to offer him because anything that requires flexibility or regular communication seems impossible when I can barely get him to respond.
There are other things in the last year too.
Earlier this year D’s parents took L out of state during D’s parenting time without either parent going, which resulted in an FOC/show cause issue.
L has an IEP/speech needs and has had attendance and tardiness issues.
D and S recently had their vehicle repossessed and he used the money on gambling debt. He makes 6 figures. I pay child support. 500 a month.
Originally, even after filing for emergency custody, I was trying to come up with a compromise where I became the majority parent and D still had substantial parenting time.
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Between the open CPS case, what I’m learning about how much of D’s parenting time was actually exercised by S/G, S leaving the household, D’s work travel and D being nearly impossible to communicate with, I’m considering asking for sole legal custody and primary physical custody with a simple defined parenting time schedule for D.
Given the CPS situation, D’s lack of communication, extensive travel/delegation and S leaving the household, is asking for sole legal and primary physical custody a reasonable position to take?
If you were stuck preparing for this hearing pro se on short notice, what would you make sure the judge saw or heard?
I’m not expecting anyone to tell me I’m guaranteed sole custody. A lot of this is information I only learned because the CPS case opened everything up and is still ongoing.