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Michigan Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Michigan on
Q: The question is long so its in more info plz help

If my ex and i presumably have a child, and she was married had the husband sign the birth certificate with out my knowledge, and ive been sending money to help support and I find out the child is is not mine would I be able to sue to get money that I sent for presumed child if i have records ?

Brent T. Geers
Brent T. Geers answered on Sep 15, 2021

Doubtful. It sounds like at this point you are sending her money out of the goodness of your heart and not pursuant to any order - in other words, the money you gave could be considered a gift. The law presumes that each party performs due diligence, and it doesn't sound like you took any... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Michigan on
Q: Should I file motion for custody or parenting time? What should my briefing show?

My ex falsely accused me of DV the night I escaped. I kept silent and plead guilty because he continued threatening me and because the only witness that could verify was my daughter. I couldnt put her through that. A few months later during divorce, he got sole custody. Ten months ago, he was... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 8, 2021

File for custody.

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: What are a father's rights while separated with only verbal agreement on visitation
Brent T. Geers
Brent T. Geers answered on Aug 26, 2021

Depends on if you are married. If not married, then the father needs to establish paternity before any parenting time or custody will be ordered or enforced.

1 Answer | Asked in Criminal Law, Divorce and Child Custody for Michigan on
Q: I was picking up my sister for my dad and my mom called the cops on me for trespassing.

I have kind of a complicated situation. My dad asked me to pick up my sister for him from my mom's house. My mom is not a fan of me or my dad. Her and her husband came out and started screaming at me that I was not welcome and to get off their driveway while leaning into my car. I asked if I... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 21, 2021

Likely, they were blowing smoke. But in the future, you need to tell your dad that unless he is able to get an agreement or a court order authorizing you to pick up your sister from mom for parenting time, he needs to do it. Obviously it's a volatile situation, and you shouldn't be placed... Read more »

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: The mother of my child Is very uncooperative

The mother of my son name is Cassandra, she has 2 children David is her oldest son he is 6 now. The child we have together is 2 years old now, His name is Liam. Cassandra and I was in the room talking December 2018, with the door open and David was In the living room playing with his toys. He never... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 21, 2021

It's unnecessary an inappropriate to mention full names on a public forum like that. But it sounds like you may need to file a motion with the court where the mother and children live. Since you are the father to only the two year old, that's the only child the court can consider.... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Michigan on
Q: I had voluntarily signed my rights off of my kids. I'm now married and pregnant. Am I able to keep this one?

I had voluntarily signed my rights off of my 4 children back in March 2021 after fighting with DHS for 2 years. I'm now pregnant, due December 2021), and married a different guy (not my other kids dad) and was unsure of if I'm able to keep this baby after he is born? I wasn't sure of... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 8, 2021

You can. But expect CPS to pay you a visit at the hospital or soon thereafter. There are some advantages to you in this situation because you voluntarily terminated. And that you have a different partner and apparently made some strides in your life further increases the likelihood that you can... Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: When Should I get a temporary restaining order

My fiance has suddenly took off with the kids and has been gone without contact with me for 24 hours the last thing she said was that she was at her parents and that they're safe how long should I wait until I get a temporary restraining order to get my kids back.

Brent T. Geers
Brent T. Geers answered on Aug 5, 2021

You may be looking at an ex parte motion situation, which by its nature should be done sooner rather than later.

1 Answer | Asked in Divorce, Child Custody and Child Support for Michigan on
Q: I've had my son living with me fir 4 months now and i want custody she has no job no home no way yo take care of him
Brent T. Geers
Brent T. Geers answered on Jul 22, 2021

You should file a motion for a change of custody.

1 Answer | Asked in Adoption, Child Custody and Family Law for Michigan on
Q: What are the penalties for allowing adopted child who is out of control go stay with biological mother in another state.

Family related adoption but biological mother parental rights were terminated.

Brent T. Geers
Brent T. Geers answered on Jul 16, 2021

I'm not sure there would be any penalties. Typically, an adoption from a termination case ends that court's involvement and vests full parental rights on the adopting person. They are then free to pass on that authority in any legal way - common examples would be through a parental power... Read more »

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Native American Law for Michigan on
Q: Requesting parenting time because of a move ahead of us and changing my child's residence?

court-ordered to stay in the county unless other parent okays it

we both have legal and joint custody

parenting time is currently not court specified as we live together but don't couple.

Brent T. Geers
Brent T. Geers answered on Jul 7, 2021

You will likely need to file a motion with the court if there is no agreement. If the child is in school, the staying parent will likely be granted primary physical custody.

1 Answer | Asked in Family Law, Child Custody, Child Support and Communications Law for Michigan on
Q: A girl I hooked up with may be pregnant, she won’t involve me or tell me if she is pregnant. What can I do?

I am a 23 year old EMT and she is a 39 year old ER nurse. Despite my effort she will not confirm with me if she is pregnant. She only tells me that she is “handling it”.

Brent T. Geers
Brent T. Geers answered on Jun 24, 2021

Why do you think she is pregnant? And if she is, why do you think it's by you? There is a process to establish paternity before birth, but you'd need a whole lot more than a feeling she is pregnant. And she would otherwise be able to "handle it" as she sees fit anyway.

1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on
Q: Can two first cousins marry in Michigan?

I have a case where 2 first cousins faked a wedding, represented themselves as husband and wife, this also included to CPS and the family court in Michigan. Years later they obtained a marriage license from Virginia and now are promoting that no laws were violated since they did not legally marry... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 21, 2021

Not sure what you're looking for. Marriage is a civil matter; if the marriage is invalid under Michigan law - which you are right, marriage between first cousins would be - then it would be voidable, not illegal in the criminal sense. And generally, Michigan will recognize a marriage made in... Read more »

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: In Michigan I’m delinquent on my child support payments does that affect the court ordered visitation agreement?
Brent T. Geers
Brent T. Geers answered on Jun 21, 2021

No; child support and parenting time are different. You don't get or be denied parenting time due to child support obligations.

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: Do I need a lawyer to file for emergency full custody of my son? My sons father has an open dv case against me

He is battling mental health issues and knows the only way to hurt me is to take my son. I am worried for him to be alone with my son. He does not help financially at all and uses it to threaten me to give him my son if I need help.

Brent T. Geers
Brent T. Geers answered on Jun 9, 2021

Yes, you need a lawyer, especially if you are seeking full custody, and on an emergency basis at that. It is unclear by your question which of you is the alleged perpetrator.

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: If there has never been legal custody or child support determination and years later a father files will he owe backpay?

My boyfriend and the mother of his child were never married and have always worked out visitation between themselves and he gives her money as he can. Lately she has been denying visitation and not allowing his daughter around our other children. We want to file and get a set legal visitation... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 4, 2021

Your boyfriend should really talk with a family law attorney beforehand. An unstated issue in all this will be whether any birth expenses were paid by the state. If so, that could generate a significant amount owed. Otherwise, your boyfriend's first cause of action would be to establish... Read more »

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: My ex is sole provider we have 50 50 custody. While in her care my daughter overdosed on her meds and smoked pot.

With the other adult they share a home with. Have a drug screen that's positive. How do I keep both children safe.

Brent T. Geers
Brent T. Geers answered on Jun 1, 2021

You may need to consider filing an ex parte order or other motion with the court.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Can I move out of Michigan if I’m a non custodial parent? Without the approval from the other parent or court?

I have a parenting schedule written out ready to send to the other parent. I just want to know if I have to have the approval of the other parent or court before I move.

Brent T. Geers
Brent T. Geers answered on May 26, 2021

If you want your parenting schedule entered as an order, you'll need to file the appropriate motion with the court or get an agreement signed by the other parent and entered.

2 Answers | Asked in Estate Planning and Child Custody for Michigan on
Q: Can children removed from custody ,still have rights to a WILL if their mom was left something in it ?

Mom died left everything to her two daughters and one daughter had her children legally taken away . That daughter died ..Does her children still have rights In the WILL because it says if daughter is not alive it goes to her children ..but for the record the WILL was wrote in 1999 before her... Read more »

Brent T. Geers
Brent T. Geers answered on May 26, 2021

Do you know whether the daughter's parental rights were terminated or if she just did not have legal custody? If her rights were terminated, then no, her kids would not inherit from your mom as termination of parental rights severs kinship; if the daughter just lost legal custody (e.g. the... Read more »

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1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: Can I change my plea from No Contest to Not Guilty in my CPS case before the disposition hearing in Michigan?
Brent T. Geers
Brent T. Geers answered on May 24, 2021

If you've already entered a plea at the adjudication, then you'll need to work with your attorney about possible appeal options. But generally, you cannot just change your mind (and your plea).

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: I have sole physical and legal custody of my children, they don't want to go with thier father do I have to make them?

My Gauthier has serious medical issues and her father smokes around her and almost put her in the hospital for it, she refuses to go with him, even has gotten on the phone with him telling him why she's not going, he keeps putting in harms way, she cries and fights to go every time its his... Read more »

Brent T. Geers
Brent T. Geers answered on May 24, 2021

Is there a parenting time order? You can make a motion to the court about this.

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