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Michigan Child Custody Questions & Answers
0 Answers | Asked in Family Law and Child Custody for Michigan on
Q: Hi I traveled during covid from Lebanon Ben here in the US with children due to dad being violent and all we came here

provided everything the kids were mistreated hit my kids only know me it was very traumatized for us the kids had a fire in the house the family that's had the kids dropped them off in the middle of the night to another relative and the worker the next day put them right back at that house the... View More

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: My granddaughter is in prison for26 more months an her daughter dad wants her to sign a paper giving him full custody

She said no when she gets out will she have trouble with that

Brent T. Geers
Brent T. Geers
answered on May 6, 2024

Your daughter is in a tough spot. She may find herself without much of a choice between giving the father full custody or having her parental rights terminated. It will, undoubtedly, be an uphill battle to even shared custody upon her release unfortunately.

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Family Law and Child Custody for Michigan on
Q: I called 911 because my camera caught a ex touching my daughter I showed police who stated it look to be a relationship

He lost my phone and now are adopted out my kids this happened August 2023

James L. Arrasmith
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answered on Mar 20, 2024

I'm so sorry you're going through this incredibly difficult situation. Losing custody of your children due to suspected abuse must be devastating, especially if you believe there has been a misunderstanding. A few thoughts:

- If this happened very recently in August 2023, you...
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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My teenage boys don't want to go to their dad do I have to send them if they refuse. Have an order in place.

They are almost 16 and 14. They don't like the atmosphere there. Don't feel wanted. They cry every time they have to go. They are quiet and upset about going. They are afraid to say something to him for fear of retaliation at them.

Brent T. Geers
Brent T. Geers
answered on Mar 4, 2024

Short answer is: yes, you need to send them. Is this a new issue? What's changed? A judge is going to want answers to those questions, and at your sons' ages, the judge may want those answers from your boys in the form of an in camera interview after the filing of a proper motion.

1 Answer | Asked in Child Custody for Michigan on
Q: How do I get custody of my daughter from foster home
Brent T. Geers
Brent T. Geers
answered on Feb 28, 2024

No one can answer that without knowing why your daughter is in the foster home. If she's there due to a CPS petition, then you need to go through the court proceedings to resolve those issues.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Michigan on
Q: Do I have a chance to still get shared custody 8 months ago my wife abandoned our home with the kids and got a ppo?

Am I screwed?

On June 11 last year while I was at church my wife abandoned our marital home and took the kids with her, the very next day she filed a ppo with a petition full of lies and false allegations about me physically and verbally abusing her (with no evidence of course) we had a... View More

Brent T. Geers
Brent T. Geers
answered on Feb 28, 2024

You sound like you are aware this will be an uphill battle. Are you screwed? No! Of big concern is why you haven't seen the kids in 8 months; is that because you never raised this issue with the court or your soon-to-be ex is just not complying with the order? I think with that amount of time... View More

1 Answer | Asked in Child Custody, Child Support and Divorce for Michigan on
Q: Can a parent get custody if they don't have a job or a drivers license?

My husband is saying he is keeping the kids and getting full custody of our kids because I don't work and don't have a drivers license. I do everything for our kids, and all the housework. He also says he isn't paying child support because he already pays child support for his other... View More

Brent T. Geers
Brent T. Geers
answered on Feb 28, 2024

That's not how child custody works. If it were, a lot of people would not have custody. The court determines custody based on the best interest of the child factors.

1 Answer | Asked in Child Custody, Civil Rights and Family Law for Michigan on
Q: Do I need to retain a civil rights attorney or file for grandparents custody or both? In what state?

I had my innocent and now scared and confused baby girl while traveling through MIchigan. All family and myself live in Ohio. Hospital said she had withdrawals 10 days after birth conveniently once cps went there. they Took temp custody. Did not offer any other option but foster care. After 6... View More

James L. Arrasmith
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answered on Jan 24, 2024

Navigating a situation involving child custody and child protective services across state lines can be complex and emotionally challenging. In your case, involving both Michigan and Ohio, it's essential to understand that child custody and welfare cases are generally governed by the laws of... View More

1 Answer | Asked in Divorce, Child Custody, Child Support, Civil Rights and Family Law for Michigan on
Q: Re on case papers on a dm case number what does that mean?
James L. Arrasmith
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answered on Jan 21, 2024

In the context of a legal case, "re" on case papers with a docket number typically stands for "regarding" or "in the matter of." It's used to indicate the subject or nature of the case. So, when you see "re" followed by a case number, it signifies that... View More

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Michigan on
Q: An email from opposing counsel to my counsel shared docs of illegal activity by their client. Can I share with police?

My ex & his wife record my convos w/my daughter while she's w/them. Is this eavesdropping? They shared the docs w/date/time/length/and summaries w/their lawyer who shared w/my lawyer & he shared w/me. Can I file with the Michigan State Police - criminal since they shared?Opposing... View More

Brent T. Geers
Brent T. Geers
answered on Jan 11, 2024

What does your attorney say about it? Presumably, he or she saw the same documents. You should not do anything without their advice as it may unintentionally impact your present case.

1 Answer | Asked in Child Custody, Family Law, Domestic Violence and Gov & Administrative Law for Michigan on
Q: In Michigan, any funding for legal help from Dept. of Health & Human Services for parents in custody battle w abusive ex

Ex was abusive in marriage. Had an affair and theyre now married. She is controlling and he as well and are keeping the kids from me. Will not allow phone calls or anything. Have now refused to allow parenting time visits. Tell kids to keep sports activity info from me. To point of me not knowing... View More

Brent T. Geers
Brent T. Geers
answered on Dec 27, 2023

There is no state funding or a right to an attorney in family law matters like in criminal law. However, you may contact your county's legal aid office to see if you qualify for legal assistance.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Michigan on
Q: My soon to be ex husband has washed our 7yr olds’ mouth out with dish soap, on multiple occasions. What do I do?

In the past month there’s been atleast 6 incidents of him doing this to our child. All because of daily reports from school. He only has our child for a few hrs on Wednesdays and every other weekend. So sometimes it’s from something that happened a week prior.

T. Augustus Claus
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answered on Dec 20, 2023

If your soon-to-be ex-husband has been washing your 7-year-old's mouth out with dish soap on multiple occasions, it's a serious concern that may warrant immediate action. Document each incident, including the date, time, and circumstances surrounding the washing, and gather any evidence... View More

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: My parents are living separate and I want to move back into my dads house, she wants to go back to guam though.

My parents are living separate so technically I still legally live with both since they're not divorced. I live with my mom in Michigan, I want to go live back with my dad since hes asking me too because of my mom's ignorance and my moms boyfriend always coming over to where I live... View More

James L. Arrasmith
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answered on Nov 19, 2023

In Michigan, if you are under 18 and your parents are not yet divorced, both parents still have legal responsibilities towards you. If you choose to live with your dad and your mom moves to Guam, this arrangement can be legally permissible as long as your basic needs are being met and you are in a... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: We are trying to see if we have a leg to stand on to restrict the other parents visitation back to only supervised visit
Brent T. Geers
Brent T. Geers
answered on Nov 16, 2023

Has there been a change that occurred after supervised parenting time ended? Supervised parenting time is not intended to be permanent, and you need a reason for the court to order it.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Is it legal to put hidden cameras in my home to collect evidence that my child's dad is abusing him without him knowing?

I am planning to leave my boyfriend (father of my 2 young children) but I intend to win majority custody. I know for a fact he is not a fit parent to have majority. I am the only one who takes care of the children's needs and he is physically abusive to them. I need to collect proof of this... View More

Brent T. Geers
Brent T. Geers
answered on Nov 14, 2023

Can you? Probably. Should you? Probably not. I understand what your intent is, but a lawyer's job is sometimes to make you aware of the unintended affects you may be unaware of.

Consider this: You leave him and file for custody alleging that he abused your child and you have video...
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1 Answer | Asked in Adoption, Child Custody, Child Support, Contracts and Family Law for Michigan on
Q: What would we need to do to have custody of our nephew for a while with consent from his father who has sole custody?

Father may go to set up place out of state and wants child taken care of while he makes sure about living arrangements and work. Childs mom is only allowed supervised visits if father agrees 1×/week. Mother is not a child in an adults body. We want to make sure that the mom cannot take custody of... View More

Benjamin Jeffrey Stoltman
Benjamin Jeffrey Stoltman
answered on Oct 25, 2023

What you are describing can either be accomplished through a delegation of parental authority (power of attorney) or through limited guardianship. A limited guardianship will take longer and will cost more, but offers Court oversight and protection if mom were to become an issue. A delegation of... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My wife chose to leave our home can I keep my children

I have concerns over their care if they are with her at her mother's.

John Michael Frick
John Michael Frick
answered on Oct 5, 2023

Unless there is a custody order in place, either parent may take possession of their children at any time. But don’t attempt to use force or the threat of force to secure possession of your kids and be sure to let your spouse know the kids are safe and with you.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: I live in michigan. My son's mother has sole custody but I have my son every other week.

Am I legally responsible for getting him to school?

John Michael Frick
John Michael Frick
answered on Sep 21, 2023

You are only legally responsible for getting your son to school on time during your time of possession.

1 Answer | Asked in Child Custody, Divorce and Family Law for Michigan on
Q: Divorced 50/50 custody. Got a drunk driving almost 3 years ago and now he is taking me back to court about this. Can he

What can he do in court? He is trying to take custody away from me and move. He said he has a lawyer and that she is going.to file a couple of motions. I don't know what they are but he said he wants to change our divorce decree because I violated it by drinking. First time that nothing... View More

Brent T. Geers
Brent T. Geers
answered on Sep 13, 2023

I think you've hit his motivation spot-on: he wants to change custody to leverage more money from you in child support. Can he file whatever motion? Certainly. Issues of custody, parenting time, and support remain so long as the child is a minor. Will he succeed? Who knows. He would need to... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Communications Law for Michigan on
Q: Can I use my own recordings of conversations between my ex-wife and I in Michigan court if she did not give permission.

Michigan appears to be, essentially, one party consent so long as the call is recorded by one of the participants.

I also told her numerous times I was recording all of our interactions to serve as a blanket statement.

She is consistently threatening to intentionally violate our... View More

Brent T. Geers
Brent T. Geers
answered on Sep 12, 2023

If you have a custody agreement, then the only thing that matters is whether she - and you - are complying with its terms. If you two are making further agreements, that's cool, but understand that an agreement isn't an agreement unless both parties agree. When one party says "we... View More

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