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    mrsmith1's Avatar
    mrsmith1 Posts: 1, Reputation: 1
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    #1

    Dec 8, 2010, 07:38 AM
    Custody
    I have a 15 month old child which me and the mom have joint custody. My child stays with her mom in Detroit. I have proof that the mom is keeping our child away from me we have a drop off and pick up place at the police station but she never come I have over 10 police reports and another police report on the man who stays there who hit me a number if times to not let me get the child when I came to the home …that's where the courts first made the pick up place at. The mother is heavy in drinking also I have videos of her drinking while our child was in her arms. I have text messages from her and her family saying if I can to pick my child up they would kill me and all other kind of stuff the mother even told me in a text that she wanted me to disappear and stay out of there lives. I pay child support I'm a little behind though but is like if I don't pay she want let me see the child this has been 8 months now. I have witnesses and pictures of all this and even her mom and brother using drugs …c.p.s was called to come to the home but the said it was fine . When I brought my child to the doctor they said the marks on her was 1 or 2 thing flees or dog bits but another doctor gave me a statement say she was just dirty and for the mom to wash the sheets in the home . The mother even told our child a number of times she didn't have a father , she is always putting her new boyfriend before our child and saying she going to do things to my new girl friend….what I need to know is this enough for me to get custody, what do I do, is the judge going to remove her from the home same day or do I have to wait
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #2

    Dec 8, 2010, 09:22 AM
    Quote Originally Posted by mrsmith1 View Post
    I have a 15 month old child which me and the mom have joint custody. My child stays with her mom in Detroit. I have proof that the mom is keeping our child away from me we have a drop off and pick up place at the police station but she never come I have over 10 police reports and another police report on the man who stays there who hit me a number if times to not let me get the child when I came to the home …that's where the courts first made the pick up place at. The mother is heavy in drinking also I have videos of her drinking while our child was in her arms. I have text msgs from her and her family saying if I can to pick my child up they would kill me and all other kind of stuff the mother even told me in a text that she wanted me to disappear and stay out of there lives. I pay child support im a little behind tho but is like if I don't pay she want let me see the child this has been 8 months now. I have witnesses and pictures of all this and even her mom and brother using drugs …c.p.s was called to come to the home but the said it was fine . When I brought my child to the doctor they said the marks on her was 1 or 2 thing flees or dog bits but another doctor gave me a statement say she was just dirty and for the mom to wash the sheets in the home . The mother even told our child a number of times she didn't have a father , she is always putting her new boyfriend before our child and saying she going to do things to my new girl friend….what I need to know is this enough for me to get custody, what do I do, is the judge going to remove her from the home same day or do I have to wait
    In order for the judge to award you primary physical custody, you need to have proof that the child is being neglected and/or abused while in the mother's care. The doctor's statements are important because it shows the child is not being kept in a clean environment.

    Her having a drink while holding the child isn't a crime. However, if she's very intoxicated and not safe to be carrying the child, that would be a different issue. You also state that she abuses drugs; do you have proof of this?

    If she is interfering with your visitation schedule, you need to file for contempt of court against her. Take the police reports with you as evidence of the interference.

    I don't put much weight into what CPS says. Just recently, a friend of mine was trying to get guardianship of her grandson because her daughter/the child's mother had her home raided by the police; they found needles, dirty spoons - you name it, it was in the house where the child had open access to it. CPS investigated and did nothing; my friend filed on her own with the courts and was immediately awarded temporary guardianship. In my history, CPS doesn't seem to make the right choices a majority of the time.

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