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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 13130
Experience:  B.A.; M.B.A.; J.D.
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My Son has a live-in girlfriend, they recently had a Baby girl.

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My Son has a live-in girlfriend, they recently had a Baby girl. After the child was born, the mother started to get into old habits such as finding drugs through (Crap) Doctors that would give her the scripts. Of course my Son doesn't want his child exposed to that so he tried to help her by having her check into a rehab, ( She was on probation for drug addiction leading to traffic violations during the whole pregnancy ) she stayed for 3 or 4 days and checked herself out. The 2 of them have not gotten along since. He would like to kick her out of his condo but he doesn't want to compromise any chance of full custody. Any thoughts on the legalities and what should he be doing before going to court to prove that she cannot provide for the child? Also, because of her court issues, she has no job, no car, and no license.
Submitted: 2 years ago.
Category: Family Law
Expert:  Phillips Esq. replied 2 years ago.
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

Is she paying him rent?

Is his name on the Birth Certificate?
Customer: replied 2 years ago.
No rent $$$ And his name is XXXXX XXXXX BC
Customer: replied 2 years ago.
Is there more information required?
Expert:  Phillips Esq. replied 2 years ago.

Thank you for the additional information.

Your Question: My Son has a live-in girlfriend, they recently had a Baby girl. After the child was born, the mother started to get into old habits such as finding drugs through (Crap) Doctors that would give her the scripts. Of course my Son doesn't want his child exposed to that so he tried to help her by having her check into a rehab, ( She was on probation for drug addiction leading to traffic violations during the whole pregnancy ) she stayed for 3 or 4 days and checked herself out. The 2 of them have not gotten along since. He would like to kick her out of his condo but he doesn't want to compromise any chance of full custody. Any thoughts on the legalities and what should he be doing before going to court to prove that she cannot provide for the child? Also, because of her court issues, she has no job, no car, and no license.


Response: Since she does not pay him rent, he can simply ask her to move out, without the kid of course. He can then immediately file for full custody of the child. With her track record, I do not see how she would be awarded joint custody.

In a custody case, the Court would make a decision based on what is in the best interests of the child by looking at the living arrangement of the parties to the custody dispute, their lifestyles, associations, parenting skills, etc. If the Court finds after reviewing these factors that the child would be better off living with your son only, the Court would rule in his favor and award him full custody of the child. Otherwise, custody may be 50/50 between him and the mother. So, it is very important that he tells the Court any and all reasons why the mother should not continue to have custody of his child; any witnesses should be brought to the Court to testify. Remember that the Court can only make decision based on the evidence presented to the Court.

The complaint for full custody would be filed in family law section of the Circuit Court in the County where he resides with the child. The forms are available at the Courthouse in the Clerk's Office.


There are usually forms packets at the Court's web site. However, I am unable to find the forms at this time. In any event, here is the Court's web site:

http://courts.michigan.gov/scao/courtforms/index.htm#tentative

Customer: replied 2 years ago.
If he were to boot her out and tell her she cannot take the Baby, wouldn't the police be called and if they were would he have the upper hand in keeping the Baby? Or would the police remove the child?
Expert:  Phillips Esq. replied 2 years ago.

If he were to boot her out and tell her she cannot take the Baby, wouldn't the police be called and if they were would he have the upper hand in keeping the Baby?



Response 1: Yes, he would because the Court has not issued any Orders on custody of the child and the child would stay where he/she is until the Court has ruled.



Or would the police remove the child?



Response 2: No. The police would tell the parties to take their case to the Court.

Customer: replied 2 years ago.
For PhillipsEsq - Of course I LOVE yopur awnser and I will Accept it for your positive feedback. I just hope the laws are the same here in michigan regarding what they have going on.... Thanks
Expert:  Phillips Esq. replied 2 years ago.
Of course I LOVE yopur awnser and I will Accept it for your positive feedback. I just hope the laws are the same here in michigan regarding what they have going on....

Response:
Where there is no custody order issued by the Court, both parents are presumed to have joint custody of the child. Where there is a dispute between the parties regarding custody and the police is called, 99.9% of the time the police would tell the parties to take their issue to the Court because it is a civil matter and the police would not get involved. That is the case in all the states.
Customer: replied 2 years ago.
How should my Son proceed with asking her to leave? He is worried that regarding her living with him that the law says he is supposed to give her written notice for a 30 day eviction. Is that true or does he have the right to evict her immediately?
Expert:  Phillips Esq. replied 2 years ago.

How should my Son proceed with asking her to leave? He is worried that regarding her living with him that the law says he is supposed to give her written notice for a 30 day eviction. Is that true or does he have the right to evict her immediately?


Response:
There is no landlord and tenant relationship between them. So he does not have to give her a written 30-day notice. He can simply tell her to pack her things and leave and change the locks. See Michigan Compiled Laws Section 554.601



LANDLORD AND TENANT RELATIONSHIPS (EXCERPT)
Act 348 of 1972



554.601 Definitions.

Sec. 1.

As used in this act:

(a) “Rental unit” means a structure or part of a structure used as a home, residence, or sleeping unit by a single person or household unit, or any grounds, or other facilities or area promised for the use of a residential tenant and includes, but without limitation, apartment units, boarding houses, rooming houses, mobile home spaces, and single and 2-family dwellings.

(b) “Rental agreement” means an agreement that establishes or modifies the terms, conditions, rules, regulations, or any other provisions concerning the use and occupancy of a rental unit.

(c) “Landlord” means the owner, lessor, or sublessor of the rental unit or the property of which it is a part and, in addition, means a person authorized to exercise any aspect of the management of the premises, including a person who, directly or indirectly, acts as a rental agent, receives rent, other than as a bona fide purchaser, and who has no obligation to deliver the receipts to another person.

(d) “Tenant” means a person who occupies a rental unit for residential purposes with the landlord's consent for an agreed upon consideration.

(e) “Security deposit” means a deposit, in any amount, paid by the tenant to the landlord or his or her agent to be held for the term of the rental agreement, or any part of the term, and includes any required prepayment of rent other than the first full rental period of the lease agreement; any sum required to be paid as rent in any rental period in excess of the average rent for the term; and any other amount of money or property returnable to the tenant on condition of return of the rental unit by the tenant in condition as required by the rental agreement. Security deposit does not include either of the following:

(i) An amount paid for an option to purchase, pursuant to a lease with option to purchase, unless it is shown the intent was to evade this act.

(ii) An amount paid as a subscription for or purchase of a membership in a cooperative housing association incorporated under the laws of this state. As used in this subparagraph, “cooperative housing association” means a consumer cooperative that provides dwelling units to its members.

(f) “Senior citizen housing” means housing for individuals 62 years of age or older that is subsidized in whole or in part under any local, state, or federal program.

Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 13130
Experience: B.A.; M.B.A.; J.D.
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