Lawyers, Answer Questions  & Get Points Log In
Michigan Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Michigan on
Q: In an uncontested divorce, both of us want joint custody so does that mean we both pay half the child support?
Brent T. Geers
Brent T. Geers
answered on May 23, 2022

Good question and reasonable logic. Unfortunately, that is not the case. Child support is calculated using a formula that factors the disparity of income between the parents among other things. Even with joint custody, one parent is likely to pay the other parent some child support.

1 Answer | Asked in Child Custody for Michigan on
Q: I want to relocate to PR but I have a legal shared custody with mom of 50% each how can I fight full custody
Brent T. Geers
Brent T. Geers
answered on May 16, 2022

You potentially have an uphill battle. You need to show a change of circumstance or proper cause. You can move to PR, but it's likely going to come at the expense of Mom gaining primary custody, and you having parenting time in summers and major school breaks.

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: Can I file for child support after 6 years with no visitation rights

My son is 6 I’ve raised him with my family. His father is 100% Absent

I have serious concerns to the point we separated when I found out I was pregnant

Mental wellness

Substance abuse

Violence

Lying about sexual abuse

I have a lot of real... Read more »

Brent T. Geers
Brent T. Geers
answered on May 16, 2022

First thing is that you would need to establish his paternity. Until then, he is, as you expressed, just a stranger to the child with no legal right whatsoever, except what you've been allowing for.

Think of it this way: if I (a complete stranger on the internet) called you and asked...
Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Michigan on
Q: How can I go about getting guardianship or custody of my friend baby she is from Nj I am in Ohio
Brent T. Geers
Brent T. Geers
answered on May 9, 2022

Is there a father in the picture? If so, he will have priority over you if he is willing and able. If mom and baby are in New Jersey, than you all will need to deal with this there.

1 Answer | Asked in Adoption and Child Custody for Michigan on
Q: My boyfriend has full custody of his son. His mother got her parenting time taken an is not allowed to be anywhere near

The child. An no child support. We are wanting for me to adopt him. Is it possible. She goes months without calling my boyfriend to see if the child is still alive.

Brent T. Geers
Brent T. Geers
answered on May 2, 2022

Until you are married, no.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My JOD has a “stay in school district clause.” My ex wife wants to move my son out of dist. Is clause enforcible?
Brent T. Geers
Brent T. Geers
answered on May 2, 2022

Yes it is. Doesn't mean an argument can't be made by either party to change it based on best interest factors and what's going on now.

1 Answer | Asked in Divorce, Child Custody and Child Support for Michigan on
Q: Do I have to pay 100% of child support if it's joint custody or really not having to pay child support?

I'm the only working parent and the only one that can give our 3 kids full benefits. I would like to have physical custody of the kids. I am currently trying to file through as an uncontested divorce.

Brent T. Geers
Brent T. Geers
answered on Apr 29, 2022

Child support will be determined through the divorce proceeding. Having the majority of parenting time plays a large role in determining who pays and what amount.

1 Answer | Asked in Child Custody and Divorce for Michigan on
Q: If I have a pending divorce with no custody agreement, can I leave with my child for 6 weeks for work out of state?

I have a pending divorce case with no child custody agreement as of now. I have a job opportunity in Colorado for 6 weeks and it would help my career tremendously by taking it. I am wondering if I can leave for 6 weeks with my child so she can be with her grandparents and I take this opportunity in... Read more »

Brent T. Geers
Brent T. Geers
answered on Apr 27, 2022

Take your attorney's advice. That's what you are paying him or her for. And it sounds like your lawyer is spot-on. You could potentially hamper your entire case with your proposed action.

A divorce has been filed and the court now has jurisdiction over the child. Do not do...
Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My ex is attempting to homeschool 1 out of 2 kids without my input and won’t inform me of why.

We went to court last year because she homeschooled them the year before. Her mom taught them 2 days a week, 3 hours a day on animal studies, algebra, and religion only. Court order says I have to be involved in schools and that all communication needs to be to both parents. She won’t... Read more »

Brent T. Geers
Brent T. Geers
answered on Apr 6, 2022

Can you take her to court? Yes. Will you win? Depends on what you consider winning. If she has sole legal custody (as opposed to primary physical custody), you can argue but you have a tough road ahead, especially if you're proposing a drastic change in the child's education or a reversal... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: how do i change my custody agreement to another state?

my daughter is with her father every other weekend now. we are moving to texas and i need to set new parenting times

Brent T. Geers
Brent T. Geers
answered on Mar 31, 2022

Hold on! You need the court's permission to move the child out of state. Start with that first, and parenting time will be changed accordingly.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: False emergency hearing scheduled with no evidence and no lawyer for me

My ex has terrorized me for 10 years and the kids are almost in 12th grade and now he's called for an emergency hearing . There is no proof to his allegations. I put in a complaint that he wasn't giving the kids back. He is in Florida with them even! Why is that an emergency? He made... Read more »

Brent T. Geers
Brent T. Geers
answered on Mar 31, 2022

You need to find a family law attorney quickly, preferably in the county this case originates in. Or, contact the legal aid office that covers that area.

1 Answer | Asked in Child Custody for Michigan on
Q: I’m a single mom of three and my middle child father is not safe for her to be around I don’t know what to do.

Every time she’s there her dad and his wife fight she comes home a mess she wasn’t there for there last fight but there was a gun pulled in the last one I need help cps isn’t doing nothing. She’s been left with his wife 3 boys alone that’s not ok to me I’m low low income someone please... Read more »

Brent T. Geers
Brent T. Geers
answered on Mar 29, 2022

File a motion to change parenting time with the court. Most courthouses have what is often called a legal assistance center where you can get copies of the necessary forms and basic instructions on how to fill them out. You may also be eligible for a fee waiver, which they will help you complete.

1 Answer | Asked in Family Law, Adoption and Child Custody for Michigan on
Q: Is there a way to become the legal guardian/father of my girlfriend's daughter without marriage?

Paternal father's rights were stripped long ago

Brent T. Geers
Brent T. Geers
answered on Mar 22, 2022

Depends in part on what you mean by paternal father's rights being "stripped"; were his rights terminated or was mother awarded sole custody? There is a difference. Either way, it will be hard to be named legal father without marrying the mother and doing a step-parent adoption.

1 Answer | Asked in Child Custody, Divorce and Immigration Law for Michigan on
Q: I have a question.. My sister and her husband might divorce soon I think he was waiting for his permanent residency

He is also threatening her to take full custody of there child what can I do he threaten to take the baby away to India

Agnes Jury
Agnes Jury
answered on Mar 20, 2022

Your sister needs to hire an experienced family law attorney. If the child does not have a passport, the husband won't be able to take the child to India. If the child has a passport, the family court can require the husband to turn the passport over to mom. Best wishes!

1 Answer | Asked in Child Custody for Michigan on
Q: If your fiance claims your daughter. Would she be considered a child claim or other dependents?
Michael Zamzow
PREMIUM
Michael Zamzow
answered on Mar 14, 2022

That really depends on the context you're asking, taxes, education, custody, etc.

2 Answers | Asked in Child Custody and Family Law for Michigan on
Q: Where do I obtain a subpoena form for midland Michigan circuit court regarding a custody case?
Brent T. Geers
Brent T. Geers
answered on Feb 22, 2022

Search for "SCAO MC11". I would strongly encourage you to work with an attorney if you are looking to subpoena things because there are rules and procedures for doing so that if you are unfamiliar, could lead to sanctions if not done right.

View More Answers

2 Answers | Asked in Child Custody and Family Law for Michigan on
Q: Should I wait to file motion for full custody?

Have been divorced for 6 years, my ex and I share custody of 3 children. (17,15 13). A month ago he informed me he had applied for a new job in California. He found out he got the job and has accepted the offer and will be relocating to California as of 3/10/22. I want to file for full custody,... Read more »

James W. Kraayeveld
PREMIUM
James W. Kraayeveld
answered on Feb 17, 2022

Let's explore this in a most cost effective way first: have you checked with your ex if he is willing to agree to an alternate custody order? Keep in mind that your latest court order likely requires him to seek court permission before moving out of state. That may give you some bargaining... Read more »

View More Answers

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for Michigan on
Q: My son was coaxed into signing away his rights to his son in Michigan. How can he get them back.

My grandson resides in Michigan with his mom. In 2020, he was taken from her. She and my son were given a list of requirements that had to be met in order for her to get him back. My son was told that if he signed away his rights it would get my grandson out of foster care sooner, so he did. Not to... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 14, 2022

This is a highly complex situation. Reading between the lines based on Mom having the kids now, it sounds like CPS and the foster care workers believe your son has some significant culpability. Do you know if he signed a custody agreement or a voluntary termination of parental rights? Those are two... Read more »

1 Answer | Asked in Child Custody for Michigan on
Q: I was wondering what a normal court ordered visitation schedule is? Can noncustodial get every weekend?

Hi, noncustodial parent lives 100 miles away from child. He was absent and wanted nothing to do with child for first almost 2 years of his life until he got court ordered child support. We don't have court ordered visitation. He wants every weekend and last year he got every single holiday..... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 14, 2022

I assume there is just a support order, and not an order for custody or parenting time already. If that is the case, parenting time is at your discretion. It would be uncommon for a non-custodial parent to have parenting time every weekend. Nor would it be common to have one parent have all the... Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Can cps come take my kids without giving me a court order

Cps took my kids without a court and I was told I could keep my baby by one county and then another county said no and made me go home and leave him at the hospital for 2 days till a foster home was available

Brent T. Geers
Brent T. Geers
answered on Feb 1, 2022

There likely is a court order. Hire an attorney soon.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.