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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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I have joint physcial/legal custody of my son in Michigan.

Customer Question

I have joint physcial/legal custody of my son in Michigan. 50% overnights. My JOD has a section that states that our son is not allowed to be introduced to any significant others without the approval of the GAL. THere is an order (its a sealed order) issued AFTER the JOD that specifically names my ex-wife's boyfriend from ever being allowed to be around our son. This is a permanent order (he is a proven violent person who threatened the safety of me and my family).
I recently found out that my ex-wife is now co-habitating with this person. This man live with my ex-wife on days that my son is home with me. I do not believe that they have met. Is there some type of legal recourse for the cohabitation based on the order?
I realize that this man has technically not "met" my son, but the fact that he is living and influencing her household creates an enormous potential for my son to be suddenly put into a compromising situation.
Submitted: 10 months ago.
Category: Family Law
Expert:  Samuel II replied 10 months ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.
If the Order says the child shall not be around this man or introduced to this man, then that is what it means. It prohibits the man from being around the child. Period. It does not preclude the Mother from seeing, living with this man, etc.

However, if you want to bring a contempt you can try that and request the court hold her in contempt and also if you want to rescind her parental time, you can file a Modification to do that. But you cannot do it because she is living with this man. The fact that he is "influencing" her household is speculative on your part. If you can show that she is mis treating the child then you use that as a basis.

Customer: replied 10 months ago.

Understood. There was a dog that they used to have (boyfriend and ex-wife) who lives with them. Recently, my ex-wife made the decision to put it to sleep and allowed my seven year old son to go and witness the lethal injections from the vet. This is the type of influence "proof" that I have...not necessarily direct proof that the man influenced the decision, but the poor parenting decisions that she is making as a mom (there is a history of related issues that have started since she met this man). Is this enough basis for bringing the issue up in court?

This will continue to escalate until my son is permanently damaged in some way and I'm just trying to be as preventative as possible.

Expert:  Samuel II replied 10 months ago.

Thank you. I am sorry to hear your son needed to witness this event. I suggest you could have the GAL agree to having your son psychologically evaluate to see if there is a mental and emotional upset that he needs to have therapy for. You will need to show that the fact she brought the boy with her to see this has effected him in that way.

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