How to get sole custody of my children and no visitation for father?: I was never married. My ex was a abuser, mental and emotional and he turned physically abusive. He is a alcoholic but said sober for a year. He has anger issues and he is very controling. He has never really been there for the kids. I have left him over a year and a half ago and he has only seen the kids for about 10 hours in that time. He now has a kid on the way with his new gf so he is trying to fight me to take the kids on weekends. He has put my children in danger and has left them at home alone when i was at work so he could run tothe store. They were 3 and 5 at the time. I do not trust him at all. My now 6 year old is in councling for ptsd from the trama he has been through wwith his dad. What are my rights and do i have to let him see them. There is nothing through court that tells me i have to. I have a 1 year old and a 6 year old with him. But keeps trying to threaten me with taking the kids away if i dont let him see them. Please let me know what to do. Im at a loss!
Tara’s answer: Based on the information you provided, you are the presumed custodial parent of your children, which remains until such time a court order determines otherwise. Your ex does not have any custody or visitation rights as it stands now, so you are not obligated in any way to allow for visitation. While depriving children of visitation with the other parent is considered by the court when deciding issues of custody and visitation, the facts you presented suggest there is “good cause” for keeping the children from their father. Should this matter end up in court, I highly recommend hiring at attorney from the onset.
Can you go to jail for possessing a firearm while under the influence in your house?: The accused was acting in a bizarre manner while under the influence of alcohol in his house while in possession of a firearm. Cops were called a report was generated but his Cpl was not confiscated neither was the firearm. It's been three months so far no charges
Tara’s answer:
Under MCL 750.237, the statute, in part, reads as follows:
(1) An individual shall not carry, have in possession or under control, or use in any manner or discharge a firearm under any of the following circumstances:
(a) The individual is under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.
(b) The individual has an alcohol content of 0.08 or more grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(c) Because of the consumption of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance, the individual's ability to use a firearm is visibly impaired.
(2) Except as provided in subsections (3) and (4), an individual who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00 for carrying or possessing a firearm, or both, and not more than $500.00 for using or discharging a firearm, or both.
Subsections (3) and (4) contain circumstances where the charges would rise to the felony level.
Here is a link to the full statute: http://legislature.mi.gov/doc.aspx?mcl-750-237
Was subpoena to testify against my daughter do I have to: Police showed video on news every knew it was my daughter I was told if I don't report it I could be an accessory so I did because I have her kids don't want to lose them too..now I am being subpoena to court do I have to testify against her
Tara’s answer: If you received a subpoena to appear at Court, you must appear at the date and time stated on the subpoena. You may be called to testify as a witness, and the judge may extend the terms of the subpoena if you are not called to testify that day. If so, you must continue to obey the subpoena or potentially face legal penalties. All that is required of you is to tell the truth. If, in fact, you do not know the answer to a question, it is okay to let the questioner know that you do not know the answer to his or her question.