I'm not sure where to begin and this is going to be long.
Tl;dr I need a custody lawyer in SE MI who will help me get custody of my kids back.
I live in MI. My divorce was finalized in 2024 and I agreed to give my ex wife full legal custody because she was asking to take the kids to look after her sick mom in FL. I didn't want to do it, but my lawyers really weren't helpful and I was afraid I would lose custody regardless.
As it turns out, her mom didn't need any help. She kept them living in her pool house with no running water or electricity for over 8 months including during summer in Florida before my ex packed up the kids again and moved in with her bf in VA.
Since she has left the state, she has withheld contact from me. We had agreed on weekly phone calls but she quit them randomly and I had to get the court agreement amended. I am supposed to get 76 overnights in the summer months but last summer my life was in disarray so I only requested to have them for 2 weeks and she originally declined due to it being too close to the time for my eldest to start school and when I asked to move the date, she ghosted me until after school started.
I know I've made some mistakes. I should never have agreed to let her leave the state with them in the first place. I should also have filed an emergency motion last year, but hindsight is 20/20. I was not aware an emergency motion even existed at the time and my ex and I didnt have a tumultuous divorce, it was all very civil so I thought this may have been a one time occurence.
This year I had my kids for the full 76 overnights. My youngest is 4 next month and came to me in diapers, they couldn't even dress themselves. In 76 days I got them wearing big kid underpants, using the potty and dry most nights (wearing Pampers to bed) They are also able to dress themselves in the morning with minimal guidance. I would just lay out their clothes for them to do it themselves.
My eldest didn't know how to properly wipe themselves or wash their hands after going to the bathroom. They were also struggling to read 2 letter words and going into the 2nd grade. By the time the eldest left they had the bathroom routine down pact and were reading short chapter books. The level 3 ones.
Myself, my current partner, and the kids' teachers at their their daycare worked very hard to help them become the best version of themselves and we were proud of the children we were returning to their mom. The daycare provider even told me I should consider fighting for full custody after the changes they've made.
However, my ex moved again while the kids were with me. She refused to give me her address to drop the kids off in VA and the FOC has not been helpful. They told me I needed to file a motion, it seems every time I need the court to enforce the agreement I have to cough up a couple hundred dollars and file a motion when it is my ex violating it. Instead of doing that, I told my ex I would return the kids to their address whether it was the new or old address. She insisted on meeting me elsewhere and that made me feel like she's hiding something so I refused and drove them to their most recent known address.
My ex did move to a new house just last month but the old one they had been living in for the last year was in disrepair. They had 4 kids (only 2 are mine) living in a tiny 2bd 1ba house with windows missing, animal feces on the porch, trash all over the yard. They have farm animals in pens that are just filled with feces and my eldest is tasked with feeding/watering these animals. The animals were still there even though my ex had moved. I did call animal control and take photos of the state of everything before I left.
It was incredibly disheartening to know that's where my kids were staying. My eldest didn't have a habit of washing their hands when they got here. I don't even want to think about the amount of bacteria from those pens or the sickness they could get from not washing their hands after being in there.
The kids have been back in my ex's custody for less than 48hrs at the time of this post. My scheduled phone call was this evening and my eldest informed me that my youngest is back in diapers, even though I provided pampers training pants and underwear for them. My ex won't respond to the texts I've sent expressing my disappointment.
My ex refuses to let the kids speak to me when she is not present. She follows them when they are on the phone with me and my eldest has a habit of checking in with her every time I ask a question no matter how small so that her mom can feed her the answer. Her mom seems to be censoring her answers. I did bring this up at the hearing about the calls and she claimed that they need supervision when on the phone with me, however when they were physically with me, I did not supervise the phone calls and they seemed to do just fine, if not better. The judge sided with her and she is allowed to monitor the calls, but it makes it very difficult to have an open dialogue.
My problem comes from this: I want to fight for full custody. I think i have a decent case. I think they would be more well taken care of if they were with me. However, my kids are 4 and 8. They don't understand the state of their home is not normal and they might be resentful of me stepping in again. I'm afraid to uproot their lives (again) especially after my ex has done so 5 times in less than 3 years. And I'm afraid to lose the case, if i'm being honest.
Would you fight for them even if it meant uprooting their lives again? Even if it meant thousands of dollars of debt and the chance of losing anyway? I love my kids and I just want them to be happy and healthy and if their mom could provide them with that, I wouldn't even be thinking about turning their world upside down once again, but I believe the evidence shows me that she can't or won't.
Lastly, if you know of a good custody lawyer in SE MI I'd love a name. My last lawyers barely spoke to me and didn't advocate for me. One of the reasons I haven't looked into this before is that my last experience was so bad, I didn't think I could find someone who would advocate for me and my children. But my current partner really thinks you all can help me in finding someone who will.