My son and his girlfriend are broke up. They have a 3 year old boy. Both of them are active in his life. The mother was recently incarcerated and will be for a while. My son went to get his child from his ex-girlfriend's mother. She was with her when the police picked her up. When he got there to get his 3 year old, she wouldn't let him have him. She told him that she has temporary custody of him while the child's mother is incarcerated. He was never informed of any of this. I believe in Michigan both parents have to sign the POA over the minor child. Am I correct? How does he go about getting that revoked so he can get his son while she's incarcerated?
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The court is always looking for what is in the best interest of the child. The mother always has primary custody, unless she is not a fit parent. Being in jail would qualify as unfit in my opinion.
I hope your son's name is on the birth certificate, proving that he is the father. He can then go to court and ask for custody. However, if the court feels that the girlfriend's mother is the better guardian,
she will get custody.
even without the birth certificate, he can always get a DNA test proving paternity. He is definitely within his rights to use the courts to get custody over an unfit mother and HER mother, unless they sue him for being unfit.
All states have different laws. It would be best to contact a lawyer who specializes in family matters.
Did your son ask for legal proof the grandmother has temporary custody of his son? She should have something stating dates and other information.
Your son will probably have to have DNA proof that he is the father before he can go much further and he may have to prove that he is a fit father that can support the child.
Here is a site with some information for your state:
michiganlegalhelp.org/
the absolute best thing to do is to get an attorney.... they know how to do things,,properly so there is no question ...
He will need to get an attorney
In Michigan, until a biological father obtains an order from a court as to his custody rights, primary custody is presumed to be with the mother. Unless custody is litigated in the paternity action, the mother retains custody of the minor child, and the father has no visitation (or custody) rights until he files the appropriate pleadings with the court to obtain an order governing his rights.
In other words, custody here was presumed to be with the mom, and in this case, whoever she wanted to have custody (her own mom). If dad wants custody or even visitation he must file something called a "pleading" for his rights.
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