Emergency Custody Form Michigan For Grandparents

State:
Michigan
Control #:
MI-BM-089-03
Format:
PDF
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Description

A03 Order of Temporary Change of Custody, Parenting Time, and Modifying Child Support
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  • Preview A03 Order of Temporary Change of Custody, Parenting Time, and Modifying Child Support
  • Preview A03 Order of Temporary Change of Custody, Parenting Time, and Modifying Child Support
  • Preview A03 Order of Temporary Change of Custody, Parenting Time, and Modifying Child Support
  • Preview A03 Order of Temporary Change of Custody, Parenting Time, and Modifying Child Support
  • Preview A03 Order of Temporary Change of Custody, Parenting Time, and Modifying Child Support
  • Preview A03 Order of Temporary Change of Custody, Parenting Time, and Modifying Child Support
  • Preview A03 Order of Temporary Change of Custody, Parenting Time, and Modifying Child Support
  • Preview A03 Order of Temporary Change of Custody, Parenting Time, and Modifying Child Support
  • Preview A03 Order of Temporary Change of Custody, Parenting Time, and Modifying Child Support
  • Preview A03 Order of Temporary Change of Custody, Parenting Time, and Modifying Child Support

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FAQ

If a parent leaves a child in the home of a grandparent for an extended period of time, without any legal authority (ex power of attorney), then a grandparent can petition the Court for a guardianship to assume legal authority over the child. The guardianship can be temporary, limited or full.

Similarly, grandparents who are seeking custody over their grandchild against the wishes of one or both parents must overcome the presumption that both parents are fit and able to parent the child. This is accomplished by proving that the parents are unfit in some manner to properly care for the child.

A party who is filing for custody or has already been granted custody of a minor child can ask the court to issue an emergency ex parte order of custody or parenting time, When s/he believes there is an immediate and present risk of physical danger or psychological harm to the child.

In most cases, a parent is the only person that can seek emergency child custody. In rare, yet not unheard of instances, a grandparent or other relative may make the petition. This would occur when the other parent is incapacitated in some way.

As an alternative to the FOC process, parents can file a motion requesting temporary custody when they open or respond to a case. The court will schedule a motion hearing, in which a judge or domestic relations referee issues a temporary order after parents present evidence arguing for their proposed arrangement.

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Emergency Custody Form Michigan For Grandparents