[MI] [MI] How do I get full custody of my child?

Lexi, Chatbot

I understand that seeking full custody of your son can be a challenging situation. Can you share if there are any current custody arrangements in place?

Lexi, Chatbot

Have there been any specific concerns or issues regarding the other parent’s ability to care for your son?

Lexi, Chatbot

Is there anything else the family lawyer should know before I connect you? Rest assured, they’ll be able to help with your custody issue.

Jon

Hello, and thank you for reaching out! I’m Jon, a licensed attorney with over 13 years of experience, and I’m here to help.

I understand legal matters can feel overwhelming, but you’re in good hands. I’ll do my best to make things clear and guide you toward the right solution for your situation.

Jon

What state do you live in?

Jon

And what is the current custody arrangement?

Jon

Sorry, I see now — you have the child five days and he has two days. Have you tried to modify that yet?

Jon

And you want to know if and how you can get full custody?

Jon

Understood! I believe I have all the information I need. Is there anything else you’d like to add before I start working on your answer? If not, I’ll get started right away.

Jon

You’re in a tough situation, and based on what you’ve shared, you have a very solid foundation for pursuing full custody in Michigan due to the clear signs of neglect. Michigan law focuses heavily on what’s in the best interest of the child, and there are twelve specific factors the court looks at when making custody decisions.

Some of these include the emotional bond between parent and child, each parent's ability to provide love, guidance, and basic needs like food and medical care, the stability of the home environment, and whether either parent has shown signs of moral or physical unfitness.

From what you’ve described, it’s clear that you’re consistently meeting your child’s needs, while your ex is falling short — especially with serious issues like leaving your son in a dirty diaper for hours, leading to a painful rash. That kind of neglect can have a major impact on how the court views his fitness as a parent.

Right now, the fact that your son is with you five days a week speaks volumes about where the stability and care are really coming from. The court also values consistency in a child’s life and will likely see that your home is the more stable and nurturing one.

While they typically want both parents to be involved, that only applies when it’s safe and healthy for the child. If you can show that your ex’s parenting is putting your son at risk, the court can limit or even remove his custodial rights.

There are some key steps you should take next. First, keep documenting everything. Every incident of neglect, no matter how small, should be written down with dates, times, and details. Your photos are already strong evidence, but having a written record to back them up will help even more.

You should also get a doctor’s written opinion confirming that your son’s rash was caused by being left in a soiled diaper — this kind of medical proof carries a lot of weight in court.

Jon

Since you’re currently operating under an informal custody arrangement, you’ll need to take legal action to formalize your request for full custody. That means filing a motion with the family court in the county where your child lives. If you and your child’s father weren’t married, make sure legal paternity has been established first — either through a court order or an affidavit of parentage. If that hasn’t been done yet, that’s an important first step.

Because of the urgency of the situation, you may be able to file an emergency request for custody, called an “ex parte” order. This kind of motion asks the court to grant you full custody right away, without needing to notify the other parent first, due to immediate concerns for your child’s safety. You’ll need to show the court why your son is at risk, but based on what you’ve described, you may have a strong case.

It’s also a good idea to contact Michigan Child Protective Services and make a formal report. They can investigate the situation directly, and their findings will carry significant weight in court. If CPS confirms neglect, that will be a major factor in your favor.

On top of that, if anyone else — friends, family, neighbors, daycare staff — has seen or heard anything concerning about your ex’s care of your son, getting written statements from them can also help.

As for your ex asking for more overnight time, your hesitation is completely understandable. With everything going on, it doesn’t sound safe or appropriate for your son to spend more unsupervised time in that environment. The court will look at what’s best for your child above all else, and if you can show that increased time with his father puts him at risk, the court will take that seriously.

Jon

Did that fully address your question, or is there anything else you’d like to go over? I’m here to assist with any remaining concerns, so feel free to reach out if anything’s unclear or if new questions come up.

Jon

I hope the information I provided was helpful and addressed your question. If there’s anything else you need, please don’t hesitate to reach out — I’m always happy to assist. Wishing you a fantastic day ahead!