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Hello and meet Satanica....
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<blockquote data-quote="JJJ" data-source="post: 374131" data-attributes="member: 1169"><p>I would get a consult with an attorney - often you can get a short one (30 minutes or so) for less than $25 - often free. I would ask them their opinion of Michigan law on my suggestion.</p><p></p><p>Since you have no other children in the home that CPS can take. I would do a lock out. Just refuse to pick her up, citing her continued threats to kill you. Technically, mom has to do this and then either dad can pick her up or if he also refuses, CPS must take her. CPS may then charge both parents with child neglect for refusing to pick her up. This will get you in front of a judge where your wife can present her list of what has been done to try and get this child help and why you fear for your lives if she is released to your care. </p><p></p><p>If you can get a recording of her making her threats to present to the court, that would give a lot of weight. Michigan is an all-party consent law but there may be a loophole since she is a minor (if her legal guardian consents) or with the ruling from Sullivan v. Gray, 342 N.W. 2d 58, 60-61 (Mich. Ct. App. 1982) depending on where in Michigan you live. I am not an attorney and I am not familiar with Michigan law, other than through google (I looked into all this in our state when we were dealing with the same issues with Kanga.)</p><p></p><p>Since the police are involved, maybe they would be willing to tap your phone for the conversation with her. They would know if they needed a warrant or just your consent. Or maybe, you can get them just to listen on speaker phone and then testify on your behalf.</p><p></p><p>Believe her threats, protect yourselves. If you chose to bring her home, insist that the police arrest her for every thing - every false allegation, every assault - then get in front of a judge.</p><p></p><p>Technically, you are a legal stranger to this child and should not be a party to this case (but I have seen CPS do stranger things, but you should be able to get the judge to drop you from the case since you have no legal obligation to the child).</p></blockquote><p></p>
[QUOTE="JJJ, post: 374131, member: 1169"] I would get a consult with an attorney - often you can get a short one (30 minutes or so) for less than $25 - often free. I would ask them their opinion of Michigan law on my suggestion. Since you have no other children in the home that CPS can take. I would do a lock out. Just refuse to pick her up, citing her continued threats to kill you. Technically, mom has to do this and then either dad can pick her up or if he also refuses, CPS must take her. CPS may then charge both parents with child neglect for refusing to pick her up. This will get you in front of a judge where your wife can present her list of what has been done to try and get this child help and why you fear for your lives if she is released to your care. If you can get a recording of her making her threats to present to the court, that would give a lot of weight. Michigan is an all-party consent law but there may be a loophole since she is a minor (if her legal guardian consents) or with the ruling from Sullivan v. Gray, 342 N.W. 2d 58, 60-61 (Mich. Ct. App. 1982) depending on where in Michigan you live. I am not an attorney and I am not familiar with Michigan law, other than through google (I looked into all this in our state when we were dealing with the same issues with Kanga.) Since the police are involved, maybe they would be willing to tap your phone for the conversation with her. They would know if they needed a warrant or just your consent. Or maybe, you can get them just to listen on speaker phone and then testify on your behalf. Believe her threats, protect yourselves. If you chose to bring her home, insist that the police arrest her for every thing - every false allegation, every assault - then get in front of a judge. Technically, you are a legal stranger to this child and should not be a party to this case (but I have seen CPS do stranger things, but you should be able to get the judge to drop you from the case since you have no legal obligation to the child). [/QUOTE]
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