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Michigan Child Custody Questions & Answers
0 Answers | Asked in Family Law and Child Custody for Michigan on
Q: When can I file for abandonment in Michigan?

My child’s father has not contacted me in 5 months and hasn’t physically seen her in a year. We do not have any custody arrangement and I receive no support. He is on the birth certificate and she has his last name, I have no idea where he is.

0 Answers | Asked in Family Law and Child Custody for Michigan on
Q: Child's mother lives in a different state and doesn't support the child for over 3 years.

My step daughter has live with my husband and I full time for over 3 years. She has had all her schooling including preschool with us. Her mom does not financially support her, and only calls once every couple months. Her mom lives in California and we live in Michigan. The child has not saw her... View More

0 Answers | Asked in Child Custody and Family Law for Michigan on
Q: Ex Parte child custody order. Can I still see my child if order is against me? Ex boyfriend filed it.

I used to drink a lot and it got me into trouble. The last time I drank was September 9, 2023. Two days after my grandma died at home and things happened. My question is, with the order, can I still see my child? My ex bf keeps telling my child that it's up to the judge. Long story short,... 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

1 Answer | Asked in Family Law, Adoption and Child Custody for Michigan on
Q: My husband has two children with a women whom wants to give up all her right voluntarily.

We do not have money to pay for a lawyer we live paycheck to paycheck. we are trying to figure out how to do this.

Brent T. Geers
Brent T. Geers
answered on Aug 25, 2023

You could do a step-parent adoption. There are standard SCAO forms to help with this, but there would be costs and fees associated.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Is it possible to get a legal document stating that my son has the legal right to see his children on a regular basis?

He does not live with his wife and their 4 children; they live with her abusive parents. His mother-in-law was so verbally and emotionally abusive to him over the 10 years he lived with her that he had a complete emotional breakdown and moved out to an apartment by himself. The mother-in-law... View More

John Michael Frick
John Michael Frick
answered on Aug 25, 2023

Yes, as a parent he can petition the court for a divorce and request a possession/visitation schedule with his children.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: My x wife just passed she had physical custody of our 3kids. Her parents are trying to tell me that my x wife left the

Kids to them . I want my kids to live with me , is it true that my x wife could do that

T. Augustus Claus
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answered on Aug 24, 2023

In Michigan, child custody arrangements are typically determined based on the best interests of the children. If your ex-wife had legal custody of your children and has passed away, her parents may have taken temporary physical custody. However, as the biological parent, you may have rights to seek... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: I had full custody of my daughter I am giving full custody to her momShe owes me $4000 in back pay

Now I have to pay child support

How does that work

We have a hearing on august 15th

How can they make me pay child support when she owes me $4000 in back pay

Brent T. Geers
Brent T. Geers
answered on Aug 3, 2023

There's some variables to consider here, but generally, the back pay (arrearages) do not go away; she would still owe you that amount. You would, however, have your own support obligation.

The reason being is that child support is intended to be contemporary, reflecting what is...
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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Can I sue the state of Michigan?

They didn't follow due process.

Brent T. Geers
Brent T. Geers
answered on Jul 24, 2023

You certainly can. Many have tried; few have succeeded. I would suggest you contact a local attorney familiar with the court and type of law you are involved in before proceeding to be sure you are not misunderstanding something.

1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on
Q: if one party has a lawyer wouldn't the lawyers namme and number be on all court paperwork?
Brent T. Geers
Brent T. Geers
answered on Jul 17, 2023

Yes. That doesn't necessarily mean they are not working with a lawyer; it just means that an attorney hasn't officially entered an appearance with the court and so to the court, the person is unrepresented.

1 Answer | Asked in Family Law, Adoption, Child Custody and Probate for Michigan on
Q: Are there any Supervised Visitation places that supervise visits out in the community?

I currently have supervised visits with my child out in the community, currently that visits are being supervised by the person who has the Guardianship of my child. It is not working out, the person lies in court about my visits says nothing but negative things about my visit that are not true all... View More

Brent T. Geers
Brent T. Geers
answered on Jun 22, 2023

Great question. To my knowledge, all supervision agencies would require on-site visits for liability reasons (they don't want their employees out some place they can't really control and in what could be a volatile situation). While not ideal (it costs time, money, and let's face it:... View More

1 Answer | Asked in Domestic Violence, Child Custody and Family Law for Michigan on
Q: After being abused reporting to the police and an arrest is made who is responsible for the children?

Can the abuser dictate where the kids go?

Brent T. Geers
Brent T. Geers
answered on Jun 9, 2023

In all cases where children are involved, whether as victims or witnesses, the police would contact Child Protective Services (CPS). That agency is responsible for the investigation, removal, and possibly placement of children in abusive or neglectful situations.

If a parent is arrested...
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1 Answer | Asked in Child Custody for Michigan on
Q: Michigan Parental child abandonment how long does a parent have to not contact a child before i can start this process
Brent T. Geers
Brent T. Geers
answered on May 23, 2023

Very much case dependent, but generally two years. Abandonment includes no child support; if the person is paying or providing support, you're going to have a hard time proving abandonment.

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