My ex has primary custody of our daughter during the school year. I suspect that she is being abused and has talked to me about running away because she doesn’t want to be here.
How can I prove to the court that she is being abused so that she can come live with me?
While I am not licensed to practice law in your state and cannot give you legal advice, I can give some general observations on this issue based on the jurisdiction where I practice.
Where I do practice in Pennsylvania, a custody order can be modified by filing the proper pleading with the court.
When custody is to be modified, the court is required to look at 16 factors to determine what custody award is in the best interest of the child. One factor is which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child.
If it can be properly demonstrated to the court that the mother cannot maintain a loving relationship with the child because she emotionally abuses the child, such a factor may work against the mother in the custody case.
Typically, however, Pennsylvania courts do not rely on just one factor and look at all 16 in total when making a custody determination. Depending on the age of the child, sometimes the court will interview the child to get his or her take on the issue or even have the child testify in open court.
Due to the extremely sensitive nature of this situation, I would strongly suggest you contact an attorney who handles family law matters in your jurisdiction, such as Cordell & Cordell, to see how your state’s laws can help you with this serious situation.
Remember, I am unable to provide you with anything more than divorce tips, so please consult a domestic litigation attorney in your jurisdiction to obtain specific advice as to the laws in Michigan and how they impact your potential case.