In family court custody disputes, judges prioritize the child's best interests by considering factors such as stability, consistency, and the child's developmental needs, which may lead to modifying proposed parenting schedules to ensure age-appropriate arrangements.
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Mom Refuses to Hand Over the Kids — Then Ignores the Court Order!Added:
Kind versus Johnson.
>> The friend of the court appears before the court to review defendant mother's parenting time.
The court would also note there are pending motions. Both the plaintiff and defendant filed motions to modify custody and parenting time.
The hearing this morning is being conducted via Zoom. We have present as attorney uh Hassan Hamad representing uh the plaintiff father Edward Kind. Mr. Kind is present. In addition, defendant mother Chimene Johnson is also present.
Good morning, everyone.
>> Good morning.
>> The parties have conferred length with our Menominee friend of the court, Ms. Patrick, who has provided court with final recommendation.
We have the defendant mother shall parenting time every Thursday at 5:00 p.m. until Sunday at 5:00 p.m.
commencing September 19th, 2024.
Which Thursday of this week, the parties shall exchange the minor child at the police station in Rockwood, Michigan.
The parties shall use OurPact Close to communicate with each other regarding the minor child.
The parties shall use the friend of the court holiday schedule unless you can agree otherwise.
And finally, the issue of custody and parenting time shall be referred to the friend of the court for formal investigation and recommendation.
That is the recommendation this morning.
Um Mr. Hamad, does this recommendation agree with your client?
>> So, your your honor, we have a concern and I can address it with the court if the court's >> So, in answer to the court's question, does this recommendation not agree with your client? Is that the response?
>> It is agreeable if Ms. Johnson lives in Monroe and we don't believe she lives in Monroe.
>> Okay.
All right.
Did you inquire during your conversation with Ms. Patrick and Ms. Johnson whether where she resides?
>> Ms. Johnson indicated she lives in Monroe with her father, her maternal her her maternal father. We believe if you get her father on the phone right now, my client indicated >> All right, guys. Let's break this down.
This custody hearing instantly turns tense when the father's attorney challenges the mother's living situation right after a parenting recommendation is announced. The court expected a routine agreement, but the second Alpena enters the chat, everything shifts. The judge quickly realizes this is no longer just about visitation. It's about credibility, stability, and whether anyone is being fully honest.
>> Okay, so you want her parenting time to occur in Monroe County, is that correct?
>> That's correct, because the 4-hour drive to where we believe she lives is up north.
>> Okay. Well, but she's got to do the driving. I mean, she's got to drive to Rockwood. It's a long drive for a 4-year-old.
>> That's That's what I told That's what I told Mr. Kind. I said if she That's her She's doing it every weekend if that's the case, then you know.
>> All right.
All right, Ms. Johnson, we'll turn to you. I said, do you understand the recommendations?
>> Yes, I do, Your Honor.
>> Um, do you have any objections to court adopting this recommendation?
>> No, I do not.
>> Okay. Um, where will you be exercising your parenting time?
>> In Monroe, and is it okay if we do you vacation to northern Michigan? I have a son who lives there who would love to spend time with his sister.
>> Well, it's [clears throat] appropriate that to you would notify the Apple's dad where you're going. If you're not going to be in Monroe and you're leaving Monroe, your father's home, where do you live? Do you live up north or do you live in Monroe?
>> I have a part-time stay, and I do have a residence that I part-time stay at in Alpena, Michigan, as well as Monroe. I stay with my father in Monroe.
It's on Pine Tree.
>> Okay. Are you employed?
>> I'm not employed currently. I'm I'm a full-time student, and I'm seeking employment. I'm just not currently employed at the moment.
>> Do you go to school online?
>> I do.
And I Do you make extra money through um from not being employed? I make money through Uber and Instacart, DoorDash, stuff like that.
>> So, you have you have two mailing addresses. You have a mailing address in a residence up north as one as well as one in Monroe. Is that correct?
>> That's correct.
>> Okay.
>> You're under and sorry to inter- but that's the problem. Like Ms. Patrick, myself, and both plaintiff and defendant were in the room, right?
>> She The father's side keeps hammering one point. If the mother can't clearly explain where she lives, how can a court trust a long-term parenting arrangement around her claims? Meanwhile, the judge cuts through the chaos and focuses on the child instead of the drama. A 4-hour drive every weekend for a 4-year-old was never going to survive judicial scrutiny, and the court shuts that down fast.
>> We can't take anything Ms. Johnson says with transparency, and that's the concern for us. If you live in Monroe, you live in Monroe. If you don't live in Monroe, say I don't live in Monroe. It's very simple. I mean, this is the issue here.
>> I do live in Monroe, and it never got to the point in the other room with Ms. Patrice. I do I do not live in Alpena. I visit there frequently because I have a child there. I have family there. I have a whole life that I I had there before I had came back down here. So, yes, I do visit there.
>> You're under We believe >> All right. All right. Hang on. Hang on.
It's a long uh Mr. Johnson, we're going back and forth. That's a long time to have a 4-year-old in the car. Any human being in the car that long. So, the court's going to modify the recommendation. Your parenting time should be alternating weekends.
Alternating weekends, Thursday at 5:00 till Sunday at 5:00. Alternating weekends beginning this weekend. Not every weekend. It's over too much for that child. And uh Mr. Hamad, the court has not presented with any evidence that the the child is in danger at this house in Alpena. If you think the environment is inappropriate, you can petition the court with some some proof that that environment uh with uh Alpena is harmful or inappropriate for the child. So, the court will grant mother parenting time or set it every other weekend. Thursday at 5:00 to Sunday at 5:00 meeting at the Rockwood Police Department and begin this Sunday.
So, it's it's it's a long drive for that your child and Ms. Johnson, you got to contemplate where you want to live.
There's got to be some stability in this child's life.
>> I would >> driving that far to be in Alpena weekends.
And uh once we get the recommendation regarding parenting time and job and the custody from the friend of the court and Mr. remind you can re-notice that for hearing. Anything further this morning?
>> Yes, just to let the court know that the essence the minor has been registered in Taylor at Johnson Early Childhood Center which will start September 30th and it is Monday through Thursday which will not conflict with the court's ruling on parenting time.
>> [snorts] >> Okay, and obviously you should provide that information to to Ms. Johnson where the child should school.
>> We will provide that. Of course, yes.
>> Okay.
All right, Ms. Johnson, any questions?
>> I am a little confused on the parenting time. So, it's it's Thursday >> Alternate weekends Thursday at 5:00 until Sunday at 5:00 meeting at the Rockwood Police Department and then it'll begin this weekend, September 19th.
Thursday of this week.
Um and then uh alternate weekends thereafter.
Not every weekend, but alternate weekends.
>> It's not every weekend.
>> It's every other.
>> Correct. Every other weekend.
And the main the main reason is cuz it's a long drive for that 4-year-old child.
>> We live We don't live in Alpena. We have visit there, but we don't We don't have to go there. I mean, it's just I don't understand why the courts can't go back to week on week off.
>> It's a lot for this child. You said you're you're you're living at both places. You have no permanent address at both places.
>> me, not the child.
>> The friend of the court's going to reach out to you. Hopefully they got your address and they're going to conduct a formal investigation recommendation.
Once they've done that, you'll both get a copy of the report writing and then we can come back and discuss these matters again at that time.
>> Thank you, Your Honor.
>> Thank you.
All right. If you can modify your recommendation, Ms. Patrick, I would appreciate that and that will conclude this hearing.
>> By the end, this hearing becomes less about winning and more about damage control. The mother pushes for week on week off custody, but the judge keeps circling back to stability and consistency for the child. Then another surprise drops. The child was already enrolled in school without proper communication. That detail quietly reinforced the father's transparency concerns and showed how quickly family court disputes spiral when parents stop operating as a team. Make sure to like the video, subscribe to the channel, and we'll see you in the next one.
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