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Ray, Lawyer
Category: Legal
Satisfied Customers: 40991
Experience:  30 years in civil, probate, real estate, elder law
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I have fifty fifty custody with my ex and my children have

Customer Question

I have fifty fifty custody with my ex and my children have been sick every time they come here for the last five weeks... Then medicine she sends with our children are untouched and they have asthma or take the medicine for asthma related symptoms
JA: What state are you in? It matters because laws vary by location.
Customer: Michigan
JA: Has anything been filed or reported?
Customer: I just called cps... And my youngest son was in the hospital for pneumonia for our so weeks ago
JA: Anything else you want the lawyer to know before I connect you?
Customer: Multiple medications not just one
Submitted: 6 months ago.
Category: Legal
Expert:  Ray replied 6 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 6 months ago.

I am so sorry that this has happened.You have good facts to go back to court and seek modification.Perhaps short supervised visits are warranted.I would hope CPS would validate the complaint of medical neglect.They could be a witness at your motion to modify.You can file this yourself.There really is not excuse for a parent to not medicate the child and act in their best interests.The judge likely agrees and modifies greatly the custody/visitation based on these issues.

Expert:  Ray replied 6 months ago.

The threshold requirement to change custody under Michigan divorce and Michigan custody law is “proper cause or change in circumstances” which is the legal term of art to describe the good basis to change custody. A court will not consider a request to change custody unless it is first shown that there is proper cause or a change in circumstances sufficient to warrant a review of a prior child custody determination.

Your facts here appear to meet the threshold to modify as the children were endangered.

I appreciate the chance to help you today and wish you the best.

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I wish you and your family a Happy New Year too.