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Custody Appeal - Supervised Visitation: Is there a statute that indicates grounds for ordering supervised visitation with child

Pontiac, MI |

I was stripped of all custody of my two children after the judge decided that I was mentally ill, admitting she had no evidence as to this, ordered me to undergo psychatric treatment for my "mental health issues," & ordered my ex-husband would have sole custody of our children. I can only have supervised visits with them, declaring me a danger to them based on me believing my children's allegations of abuse by their father; believing I was abused by their father (he was convicted of domestic violence against me and violated no contact and personal protection orders); & because I took my child to her doctor when she disclosed abuse, took her to a therapist on the rec. of CPS, & allowed her to undergo a CARE interview - a request of CPS. Where are legal reqs for supervised visit orders?

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There is no statute. The trial court makes a decision in its discretion based on the evidence presented at the hearing. Your recourse is an appeal, which should be filed within 21 days of the court's written order being issued. An appeal allows a higher court to review the case and decide if the trial court made an error. You should retain appellate counsel to assist you with an appeal. I handle family law appeals if you would like to schedule a meeting to discuss the case and whether an appeal will be helpful to you.

This comment is designed for general information only, and should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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Thank you, Ms. Stuart-Fink. I have filed an appeal. I am trying to finish my brief. I cannot afford an attorney, and legal aid cannot help me even though my income qualifies. I am having to try to do this all on my own. So far, no attorney I have called has been able to offer me pro-bono, or reduced fees (or even barter - labor for services) to help me. One attorney was kind enough to give me three hours of her time to help me get the appeal filed initially, reduced her retainer and hourly rate, but I would never be able to afford her still. I was deemed a danger to my children by the judge, despite the fact that CPS told FOC there was no reason to change custody, my children were safe with me, I have never hurt my children, and in fact, their father has. He has a history of domestic violence (he was convicted), but the judge said there was no domestic violence. I'm ordered to undergo psychiatric treatment for my mental health issues that the judge admitted she had no evidence of, and for the "unsubstantiated allegations of abuse against the father." CPS is investigating their father, yet again, for physical abuse against our son. I recently attended the Battered Mothers Custody Conference in DC and found a wealth of information and support, but I'm just not an attorney, and this is all far above my head. I did find the Michigan Guidelines for Custody, and indications for ordering supervised visitation include substance abuse, history of violence, the danger of harm to the children, etc. None of which describe me, but all of which describe their father. I'm just hoping to be able to make a cohesive brief.


There is no statute regarding supervised parenting time. When the judge holds a hearing he/she makes a decision based on the testimony and evidence. If the judge changed custody then he/she is supposed to state the reasons using the child custody factors. You have 21 days from the date the judge issued his/her order to file an appeal. You should contact a family law attorney who handles appeals.

This answer is general information only. It may not be appropriate for the specific facts and circumstances of your particular case. No attorney/client relationship has been established on this limited communication. You are advised to consult with legal counsel in your jurisdiction before taking any action or inaction that may affect your rights.

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