Do I have a chance at getting my son out of his mother’s care, if he is a diabetic but she is not properly monitoring his condition?

My son has been diagnosed 3 years ago with type 1 diabetes. He lives with his mother. In the last 14 months he has been admitted to the hospital in a coma like state. I have found that this has been caused due to her lack of management to his blood surgar levels. I have found also there are missed appointments and not following his doctor requests. I want to go for custody before my child is dead.

Asked on September 14, 2012 under Family Law, Michigan

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Sorry to hear about your son's condition.

There are two types of custody, which are physical custody and legal custody.  Physical custody means the parent with whom the child resides.  Legal custody means making decisions about the child's healthcare, education, etc.

The court considers what is in the best interest of the child in making decisions about custody.  Although it is not possible to predict the outcome of a particular case, you have strong arguments supporting a modification of custody in which you may be awarded sole physical custody.  You would file an Order to Show Cause (court form) requesting a modification of custody and a supporting declaration of the reasons for requesting a modification of custody.  Your argument would be the health and life of your child are at risk if you are not granted immediate physical custody.  You sign the declaration under penalty of perjury  and file it with your Order to Show Cause and a proof of service with the court.  The proof of service verifies the date of mailing a copy of your documents to your ex.  You can either use a court form proof of service or you can write your own.  If you write your own proof of service, it just says that you are at least eighteen and the attached documents were sent via first class mail unless stated otherwise to __________ (name and address of your ex) on _______ (date).  You sign and date at the bottom.  The date you sign should be the same as the date of mailing and the same date you file your documents with the court.  When an Order to Show Cause is filed with the court, the court schedules a hearing.  It would be advisable to speak with the court clerk and find out if it is possible to expedite this procedure given the urgency of the situation.  You may be able to appear ex-parte before the judge who may have ex-parte hearings each week.  Ex-parte means that only one party is appearing before the judge.


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