There is no record of domestic violence. She never called the police. He has a marijuana possession charge. She has DUI conviction, a failure to protect through Michigan CPS involving a different child, a larceny by conversion pending, and assault and battery charge pending. She plans to turn herself in once she arrives in MI for the larceny by conversion and assault and battery charge. She wants to leave my sister with me til she gets out of jail. All of her convictions or pending charges are misdemeanors or less, no felonies.
She came to Michigan last year in April with my sister. She got locked up for some warrants and I contacted CPS on the advice of my attorney when I had my sister. They allowed me to keep her as part of a kinship placement until her Dad finally decided to come get her. The CPS case was closed before the Dad left Michigan with my sister. He waited for my Mom to get out of jail and took her back too. I know the CPS case is closed because I attended the hearing. CPS did an investigation of my Mom and the father once they got back to Texas and closed the case because they found no neglect or abuse.
My Mom has caused me a lot of grief and headache over the years. She has a history of alcoholism and has a year's sobriety (allegedly, I haven't since her since 2015). I'm not trying to baby my Mom but she is for once wanting to do the right thing by facing her outstanding warrants in Michigan and hopefully living here for my sibling's sake (3 of us kids are adults, but she has an 8 year old living here too).
I know it would be wise to consult a family law attorney and that her Dad would likely have grounds to challenge custody because of my Mom's problems. According to the custody paperwork now if they live more than 100 miles apart his next visit wouldn't be til Spring Break because she gets holidays on even numbered years. I just wonder if he tries to challenge custody if she'd have to return to Texas to avoid a default judgment or if he'd have to come to Michigan to try and change the primary residence of the child or change the custody terms.