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Michigan Child Custody Questions & Answers
1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Michigan on
Q: How do I respond to a complaint to establish paternity while the plaintiff has also been charged with domestic violence?

Plaintiff has not requested any legal responsibility of the child despite multiple requests for dna and legal obligations in 3.5 years, plaintiff frequently used court as a form of threat to continue control. Plaintiff has been charged with domestic violence and is now suing me for establishing... View More

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

Paternity is separate from custody and parenting time. Until paternity is established, the plaintiff in this situation (assuming it is the father) has no legal basis to even ask for custody or parenting time. That may well be on the horizon and his intention. However, custody and parenting time are... View More

1 Answer | Asked in Child Custody for Michigan on
Q: Will a court allow video and/or text to prove verbal and mental abuse in a child custody case?

Not married but we share a child. I left our home after years of verbal/mental abuse. Never took him to court for it. I finally got the courage to move out now after 50 days of being gone he is suing me for sole custody of our 7 year old daughter who he has also been verbally and mentally abusive... View More

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

Possibly. The judge will be interested in all relevant evidence pertaining to the 12 best interest of the child factors.

1 Answer | Asked in Child Custody for Michigan on
Q: When should I try to get my child back 50/50 after catching a felony and 2 misdemeanors?

I got caught back in feb with methamphetamine I went to jail for 1 month then to rehab for 3 months since out on bond 2 misdemeanor charges popped up for larceny which I am taking to trail which is not till dec or Jan. I’ve been going to chance for change randomly since the end of June when I... View More

Brent T. Geers
Brent T. Geers
answered on Oct 16, 2024

You'd be best off to wait until all of your criminal matters are complete.

0 Answers | Asked in Child Custody and Family Law for Michigan on
Q: A Friend of mine who has a baby with a cousin of mine put him on child support. However paternity had to be established

DNA was done by the courts he is the father. Now in September my friend was any motorcycle accident broken kneecap had to have surgery. She signed power attorney ove to a family friend of hers so she could heal cuz she was living by herself. Now my cousin since he had found out he was the father... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: Does terminating my parental rights cancel my child support order

This is an out-of-state issue, my daughter has decided she wanted to live with her dad, so she changed domicile to Michigan. I was ordered to pay child support, however, I have no communication with her because she won’t answer my calls, text, and neither will her father. I don’t want to pay... View More

Brent T. Geers
Brent T. Geers
answered on Oct 3, 2024

Unless there is a step-parent adoption, or you can get the father to agree to no support, there will be a support order. The law and public policy prohibit you from simply terminating your rights as an end-around to a child support obligation.

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for Michigan on
Q: what is my next step if i lost custody of my child and the Supreme Court won't hear my case?
Brent T. Geers
Brent T. Geers
answered on Sep 30, 2024

You should consult with an attorney and see if a federal issue is present in your case. Otherwise - and realistically - it is unlikely any court will overturn this decision.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Am I still able to see my kids if I had given up my parental rights?

My kids are currently in the care of their Father who I have a mutual understanding with. He is more than willing to allow me to see the kids but is concerned that doing so is against the law. Am I allowed to see them even though my rights have been lost?

Brent T. Geers
Brent T. Geers
answered on Sep 12, 2024

The question more so is whether the termination has been finalized. If that is the case, then it seems there would no longer be any legal prohibitions on you seeing the kids. Depending on what allegations substantiated termination of your rights, I suppose the father could be risking CPS... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: i have a friend who is not married and has a kid with her boyfriend. she wants to leave but he threatens to take baby

He threatens to call the cops and say she’s unfit to make sure she can’t leave. he makes her feel it’s an impossible situation to get out of. he doesn’t abuse her. she just doesn’t want to be with him anymore. What can she do. Will she be able to leave ? Does he have any parental rights... View More

Brent T. Geers
Brent T. Geers
answered on Sep 9, 2024

First things first: yes, she can leave. While he may be the legal father, the mother has initial custody.

She should prepare to leave when it is safe to do so (e.g., has some place to go).

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: I’m searching for parents of a child in my care. How long does it need to be in the newspaper?
Brent T. Geers
Brent T. Geers
answered on Aug 18, 2024

How long has this been going on? Have you considered petitioning for custody / guardianship?

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: I would like to know if I can get Custody of my granddaughter

I am a paternal grandmother of a teenage granddaughter whose mother has custody of her and been living in terrible conditions. Right now she’s being evicted from a home she’s 3 months behind in payments. Last year she got evicted from a house with no where to go she was squatting with her 3... View More

Brent T. Geers
Brent T. Geers
answered on Aug 15, 2024

Not easily; And I'm sorry to hear the circumstances, which must be hard to see as a loving grandmother.

Unless and until the mother's parental rights are suspended or terminated, you have no real leg to stand on. I take it from the tone of your question that you do not have a...
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2 Answers | Asked in Criminal Law, Family Law, Child Custody and Constitutional Law for Michigan on
Q: if I was a victim of domestic violence 3 years ago from my son's father and I have multiple photographs of The assault,

but in fear for my life never reported the abuse, then this year he called the cops lying saying i attacked him and had me arrested based on an audio recording from a fight a verbal argument when he crashed and hacked into my Wi-Fi breaking my new router but didn't have any physical evidence... View More

Brent T. Geers
Brent T. Geers
answered on Aug 5, 2024

You could try, but I doubt a prosecutor would want to charge something like.

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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My baby's father took my baby, is refusing to let me see her, & the police won't let me. What can I do?
Brent T. Geers
Brent T. Geers
answered on Aug 5, 2024

You need a court order. The police will otherwise not interfere.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: How can a father in prison stop a mother from getting his child.

I am currently in prison on several drugs related charges. I have a 4 year old child who is currently living with a family friend via POA due to the mother of my child having a no contact order on our child. The mother is currently on Felony probation on child abuse charge and obstruction of the... View More

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

Your best course would be for whomever has custody of the child now to seek either third-party custody or a guardianship. The POA is a voluntary thing, and even with one in place, it would not prevent a parent from picking up the child whenever. Is there a CPS case pending? If so, all this would... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: How can I limit the time my daughter is forced to spend with her when it is my ex's visitation that he isn't even using?

My ex leaves our daughter with his mother 90 percent of the limited time he has visitation. My daughter is terrified of her grandmother. The last exchange of her, the grandmother was in a minor car accident and my daughter was beyond scared because she was screaming at her and cussing at me on the... View More

Brent T. Geers
Brent T. Geers
answered on Jul 10, 2024

You can file a motion regarding parenting time, citing what you just stated here. Specifically, that he doesn't use his parenting time, shifting everything to his mother. I would help to get a copy of that police report from the state police incident.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: Do I file for parenting time or custody first
Brent T. Geers
Brent T. Geers
answered on Jul 8, 2024

If you don't already have a custody determination, you'll probably want to file for both. Just know that they are technically two separate legal determinations with separate standards. A parent can have nearly equal parenting time while the other parent has sole legal custody for example.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: Cosmetic surgery for 17 year old with joint legal custody

I share joint legal custody of my 17 year old daughter with her mother. I just found out she had breast reduction surgery without my knowledge. It was not medically necessary. Is this ok and what can be done about this?

Brent T. Geers
Brent T. Geers
answered on Jun 24, 2024

I think your daughter being 17, there are consent issues beyond joint legal custody. I don't think you'll fair well - with the judge or your daughter quite frankly - arguing that "hey, she really didn't need this", regardless of what she thinks or felt about her breast size.

2 Answers | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Michigan on
Q: How do I have visitation revoked due to a history of substantiated CPS involvement for my children?

One situation was picked up by the state with criminal charges that were dismissed on the first day of trial due to the children and I not being present. (we were informed by Voices for Children the evening before that court was adjourned- this was untrue- court proceeded the following morning).... View More

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're in a difficult situation regarding visitation and child safety concerns. Here's some general information that may be helpful, but please note this isn't legal advice:

1. Document everything: Keep detailed records of any incidents, CPS involvement, and lack...
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1 Answer | Asked in Adoption, Child Custody and Family Law for Michigan on
Q: If child pertective services has you come to there office to sign some papers and then has a officer in the same room

And after signing those papers the hhs tells you by the way this office has something to say and I was arrest for a warrant

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

If you had a warrant, I'm unsure there is anything legally you can do about it as the police can execute it any time or place. Same thing could have happened if you were to appear in court on the CPS matter; they could have taken you into custody then.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Michigan on
Q: What are implications for child support/custody? I am from Ontario and the mother is from Michigan?

Does it matter where the child is born? We live together in Michigan currently.

Brent T. Geers
Brent T. Geers
answered on Jun 3, 2024

It matters greatly and particularly where the child lives as that establishes jurisdiction. It sounds like that would be Michigan for you, which means Michigan courts and law will apply.

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.

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