I have Joint Legal cutody of my daughter she is 3 years old when we went to mediation my X-wife agreed not to live with or expose my little girl to a sex offender... she was found in vilolation and lost custody for a 2 month period.
So a Sexual Assesment could be done on the said individual. when the ruling came back it was ordered my daughter could not be around this person after 6pm and ordered both me and my x-wife to a custody Conseler.
We are awaiting those results
But my question can the judge amend a agreement even temporarly that was agreed to with those stipulations put in?
I would have never giving her Joint Legal if I known they could take it out if it was inconvient for her or the court.
Its a binding agreement can I sue or something? I fear for my daughter.
Family Law Attorney
The Court must decide issues of custody and parenting time based upon the best interests of the children. Even if parents agree to a particular custody or parenting time situation, the Judge must make an independent determination that the agreement is best for the child. This means that, for example, if you and your ex-wife agree to joint legal or physical custody, and the Judge, after taking testimony, believes that it is not in the child's best interest for you to share custody, the Judge can award sole custody to one of the parents. Custody, parenting time, and child support are all focused on what is best for the child--and the Court can refuse to honor the parents' agreement regarding all three if the Court believes it is not best for the child. Good luck.
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A: Yes. In family law such agreements are modifiable and subject to a judge's review. Especially since circumstances may change as a child grows and a court will decide what's best for a child under the best interests of the child standard under Michigan law. Your only option is to file for review and/or appeal. There are time limits under Michigan Court Rules. You should consult with a lawyer for assistance with filing for appellate review, ASAP. (Note: Or file a motion for change of custody if the time to appeal has already expired and you have not timely filed objections.) Good Luck!
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