In Michigan can relatives hit someone elses child?

Question

My wife and i are currently getting a divorce. She is staying at her moms house and we have shared custody right now. My wife is great at taking care of my daughter. She views the same back. My wife has a brother who has a violent history. Recently he was evicted from his apartment and my wifes mom is letting him move back in. My daughter is 2 and she likes to do a playful scream sometimes. Its loud but she likes hearing herself. The brother (her uncle) thought we should discipline her for making the scream. But my wife and i both agreed on no spanking or anything violent for discipline. Yesterday during when she was doing her little screamies. My wife and the brother got into an arguement. And during he the brother muzzled my daughter to get her to stop screaming. Then my wife tried to get him to stop. But he pushed her down and my daughter started crying. He wouldnt let my daughter go. Finally my wifes mom (his mom) came in and he let go. Does this qualify for him breaking any law??

FYI: My wife is a great mom its just the brother is very violent. And i feel terrible now that hes moving in. Were getting divorce because we got married because she got pregnant and we thought itd be the right thing to do. But we learned that we dont get along that well but we remain friends and we hope to maintain a healthy friendship for the sake of our daughter. She doesnt like her brother as well so she is wondering if he broke any laws too. Were looking for some way to get him out of the house. The mom is completely torn because she wants to help her son but yet she wants to help her daughter and granddaughter as well.

the screamies are something that only last for a minute for so. And she only does it a couple times a day..And its not that loud. Its just the brother gets stressed out very easily.

My lease to the apartment ends this month and i have already signed a lease with a friend for the end of the month move in. I watch my daughter when my wife works and i get her on weekends. My wife watches her when i work in the mornings afternoon during the week.

Answer 1

This is just a personal opinion but if your wife verbally and physically objected to his treatment of your daughter then the two of you need to go to the police. Whether or not her mother will assist you guys in this is not relevant. File a complaint. The police will tell you whether or not it is justifiable. Considering that he pushed your wife down and that he would not let your daughter go when your wife demanded it that's also to me a reasonable complaint. I suggest talking to your lawyers about this as well. Seems that even if he is a relative living in the same house he has no right to restrain or punish or anything with your child unless you were to ask him to do so. Period. File a complaint with the police and you and your wife do it together, and consult a lawyer on this as well, make it sooner rather than later. Good luck.

Answer 2

I don't think so. (I live in Michigan too, not that that really matters) Putting his hand over her mouth really isn't abuse, and it's not hitting.
Why don't you suggest that your wife put your daughter in another room and shut the door when your daughter does that? I understand that the kid is just enjoying her own voice, but wow, I have heard kids that have that piercing scream do that in restaurants, and it does trigger the urge to physically stop them in some manner. I'm just saying that the behavior should be discouraged unless she is outside somewhere where she can scream to her heart's content without piercing anyone else's eardrums. If it isn't discouraged, you are going to have trouble in places like restaurants, churches, friend's houses, etc. I'm trying to think up a solution here besides some lawsuit.
However, if you hear that he is repeatedly putting his hands on your daughter against her mother's wishes, then you may have to get a lawyer involved or sue for custody yourself. I'm not sure though that muzzling her once is going to go far in courts that have to deal with very serious physical abuses everyday. It probably would pale in comparison. I assume your wife would let you know if her brother exhibited other forceful physical actions? And that your wife would have good judgement as to whether your daughter should be near her brother if he reacts forcefully in other situations?

Answer 3

Call the cops on the brother for muzzling your child. That is unacceptable.
Your wfie and child should move back in with you until they can find a better place to live. I think you and your wife could stand to do that to make your child safe. You can't ask your mom-in-law to make the brother leave.
Please call the cops on him for what he did if your wife doesn't.

Answer 4

sounds like your wife needs to find another place to stay. Your daughter is not safe there with her uncle. What would he do if no one was there and she started screaming? He might lose control. No good!! Maybe your daughter should come back and stay with you till your wife is more settled?

Answer 5

No, he didn't hurt her. He scared her. And while you let your child have her "screamies" what other things are you going to give in on? tattoos at 5, sexy clothes at 7. As much as you are spoiling her, don't have a fit when she turns up knocked up at 13.

You better find a discipline that will work, or she's going to run over you the rest of your life. Obviously she needs to be taught manners and how not to scream inside the house for the fun of it.

Answer 6

Yes, it's a crime called assault and battery. I have a young daughter who also loves to hear herself and should anyone put their hands on her, well, let's just say that the police had better pick them up before I find them.

Answer 7

Yes..child abuse, and child endangerment if your wife and her mother allow it to continue..talk to your attorney about getting your daughter out of that house fast!!