Mom says visitation order puts her child in danger
LEELANAU CO. -- A Leelanau County mother is refusing to follow a custody agreement after she says the court put her child in danger.
A 13th Circuit Court judge in Leelanau County has ordered Bernardine Fowler to share custody with her estranged husband, the problem is he lives with his brother who is a registered sex offender.
Bernardine Fowler says, "This is my little girl, she is everything to me. They're putting her in position to be hurt in the worst way I could think of a child being hurt."
Bernadine says during custody proceedings she told a case worker with Friend of the Court about her concerns.
"She said that it is her decision to make. My child, my little girl's well-being somehow became her decision to make." said Bernardine about Friend of the Court.
Court records show Timothy Fowler plead guilty in 2009 to 4th Degree Criminal Sexual Conduct involving a young girl. He served time and part of his probation was that he couldn't have contact with children under 17-years old.
His probation ended Tuesday.
The child's father, Dan Fowler says, "I understand she cares about her kid, we both do, we are her parents. She should also understand that I have her best interest in mind. I'm her dad."
The custody arrangement is for Dan Fowler to have their daughter every other Thursday through Sunday, and every Wednesday evening. The Fowlers will rotate holidays.
Dan told his brother to make other living arrangements on the days he has his daughter, but admits his brother may be around on holidays.
"As long as he is not alone with my daughter and I'm in the room, I don't see that it is going to be a problem." Dan says.
Bernardine says she wants it in writing, on the visitation order. She was supposed to take her daughter to the home on Thursday evening, but ignored the order.
Child Protective Services is now investigating this case.
If a person is found to be in contempt of court, they could face up to 90 days in jail and a possible fine.
