Can My Husband Modify His Child Custody Order Based on Domestic Violence?

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We currently have an ex-parte temporary child custody order for my husband’s 10-year-old daughter (from his first marriage). The mother had a live in boyfriend who was abusing her for 5 years (we have police reports and PPO’S to prove this). He is currently in jail and will be released in 2 months. We are awaiting our child custody investigation. We are a 2 parent home, nice neighborhood, very active in the school system, and have many character letters stating that our home is stable. The child’s mother lives in a trailer park, has had the same trailer for 4 years – but is on the verge of losing it due to not paying the bills – and has maintained an abusive home for that time frame. The mother does not have custody of one of her other children who is 13-years-old as well. How big of a factor does domestic violence in the home play in child custody evaluations in the state of Michigan?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

You should discuss your matter with a family law attorney licensed in Michigan to answer your questions. Under most jurisdictions, family law courts will thoroughly review domestic violence allegations between the parties when deciding to award custody and visitation. If there is a prevalent history of domestic violence present between the parties, the court will usually grant custody to the parent who provides a safe environment for the child. There are several factors that are taken into consideration. If you are seeking to modify the current custody order, you should definitely consult with an attorney.



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Author: House Attorney