Get free answers to your Child Custody legal questions from lawyers in your area.
My brother's children have been removed from their mother's home due to abuse. He was told that he needs to go to court to file an ex parte order for custody to get his children, but he is wondering why he can't just take them now since no custody order was established before. They... View More 
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answered on Jun 13, 2025
Your brother’s desire to protect and care for his children is understandable, especially in a situation where they’ve already been removed from a harmful environment. Even though there wasn’t a prior custody order, the legal system still requires a formal process to determine who should have... View More
I plan to leave home three weeks before I turn 18 due to neglect from my mother, who has full custody of me. Can she legally force me to come back home before I turn 18?
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answered on Jun 13, 2025
You’re so close to turning 18, but until that day comes, your parent or legal guardian still has the legal right to decide where you live. If you leave home without permission before you’re legally an adult, your mother can contact the police and report you as a runaway. That could lead to you... View More
I have been married for 10 years and have 5 children. I am considering an annulment due to concerns about the validity of the preacher's authority at the small church where we were married, and I suspect possible corruption. Additionally, there are considerations for joint custody of the... View More
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answered on Jun 11, 2025
You’re facing a deeply personal and complicated situation, and it’s okay to take it one step at a time. In Michigan, annulments are rare and only granted in very specific situations, such as fraud, coercion, incapacity, or if the marriage was never legally valid to begin with. Questioning the... View More
Can a foster care worker, acting on behalf of the father with sole legal custody, take the kids and keep them at her home without a writ or court order, especially when the father has abandoned them and both parents are currently detained?
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answered on Jun 12, 2025
This situation is deeply complicated, especially with both parents currently detained. In Michigan, a foster care worker generally cannot legally remove children from their home or keep them without some form of legal authority, such as a court order, police involvement, or emergency authorization.... View More
As the defendant, I took my civil case to the Michigan Court of Appeals due to concerns that the plaintiff and her attorney committed perjury, resulting in the removal of my children. Now, the plaintiff's attorney has filed a motion for leave to file an amended brief on appeal. What does this... View More
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answered on Jun 11, 2025
I'm really sorry you're facing this, especially when it involves something as painful as losing your children. A motion for leave to file an amended brief on appeal simply means that the plaintiff’s attorney is asking the court for permission to revise or supplement the written... View More
I am 16 and currently involved in a custody case that originated in Indiana. The process started in 2022 when my stepdad attempted to adopt me. My parents divorced in 2010, and although my mom has sole custody, my biological father, who lives in Ohio, was awarded mandated visitation rights in 2024,... View More
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answered on May 31, 2025
You’re in a tough spot, but your instincts about jurisdiction are right. Indiana courts generally lose jurisdiction over custody matters if no parent or child still lives in Indiana. Since you and your parents now live in Michigan and Ohio, you can file a motion in the Indiana court asking it to... View More
I've been trying to see my kids for over a year, but their mother gave guardianship to her mother without my knowledge or consent. Now that the grandmother has guardianship in Kent County, Michigan, how can I secure my visitation rights? The existing order states that we need to agree upon... View More
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answered on Jun 12, 2025
You have strong legal grounds to challenge the guardianship and secure visitation rights since the grandmother obtained guardianship without properly notifying you as the biological father. In Michigan, guardianship does not automatically terminate parental rights but significantly limits them, and... View More
I have a three-year-old son currently under the guardianship of his maternal aunt in Midland County, Michigan. I completed rehab a year ago and have been clean since, whereas his mother has continued to relapse. I have established paternity but am not on the birth certificate due to COVID-related... View More
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answered on Jun 12, 2025
To begin the process of terminating the guardianship and gaining full custody of your son, you’ll need to file a petition in the Midland County family court. Since the guardian (your son's maternal aunt) is supportive of this change, she can agree to terminate the guardianship, which could... View More
I am involved with the Lions Of Michigan All State Band and plan to distribute information about a minor's account standing to Lions Clubs to help with financing. I have a release document signed by both parents, or by the custodial parent when applicable. Is it legal to distribute this... View More
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answered on Jun 10, 2025
It sounds like you’re being careful and respectful of privacy, which is important when working with minors. In Michigan, as long as you have a valid, signed release from both parents—or from the custodial parent when that applies—you generally have permission to share the minor's... View More
I'm the non-custodial parent, and I have had full-time custody of my child for over two years, while the custodial parent was originally granted custody but has only seen the child less than 15 times in that period. The custodial parent had visitation rights, but it's at the discretion of... View More
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answered on May 14, 2025
In Arkansas, if you and the father of your child agree that child support is no longer necessary, you can request to terminate the existing court order. Since there is already a court-ordered arrangement in place, the only way to legally stop the payments is by returning to court and filing a... View More
I have a question about interpreting our summer parenting time agreement. My husband and I typically have three weekends in a row with my stepson, from Thursday to Sunday. The agreement states that each party will have two weeks of summer parenting time in 7-day blocks. Does this mean the 7-day... View More
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answered on May 15, 2025
You're asking a really important question, and it’s good that you’re trying to follow the agreement carefully and respectfully. When a parenting plan says each party gets two weeks of summer parenting time in 7-day blocks, that usually means those 7-day blocks temporarily override the... View More
I have 63% custody of my two daughters, aged 8 and 5, while my ex-husband has 37%. I plan to marry my boyfriend, with whom I've been for almost two years, and move in together with my children. My daughters are excited about this change. However, my ex-husband dislikes my boyfriend, who has... View More
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answered on May 15, 2025
You’ve built a life with your daughters and have every right to continue doing so in a way that feels stable and loving. With 63% custody, the courts already see you as the primary parent, and that holds weight. Your ex-husband can’t automatically stop your daughters from living with you and... View More
I have sole physical custody of my son, who went to stay with his father in Wisconsin for summer visitation in June 2024. Despite having joint custody, I was informed through a message from my son’s phone that he wished to stay longer, which I did not consent to. When he was supposed to return in... View More
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answered on Apr 16, 2025
You should focus your preparation on showing that you have continuously upheld your legal rights and responsibilities as the custodial parent, and that your son's extended stay was not with your consent. Bring all written communication, including messages from your son’s phone, texts with... View More
I have joint custody of my daughter, but my children's mother frequently denies me visitation when she is upset, using them as leverage. This has been an ongoing issue, and I haven't seen my kids in three weeks. Although we went through mediation regarding my daughter, this situation... View More
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answered on Apr 13, 2025
If your ex is denying you visitation despite having joint custody, you have legal options to enforce your rights. First, document every instance of denied visitation, including the dates and any communication with your ex about the situation. Keeping detailed records can help you demonstrate a... View More
I am considering filing charges of harassment and stalking against my ex-wife. She uses my daughter to keep tabs on me and becomes verbally abusive towards her when she doesn't comply, calling me a deadbeat and claiming I don't care for my kids. We are currently in the middle of a custody... View More
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answered on Apr 12, 2025
You may be able to file charges for harassment and stalking against your ex-wife if her actions meet the legal criteria for those offenses in Michigan. Harassment involves repeated, intentional actions that cause you distress, and stalking includes behaviors that cause fear or emotional distress.... View More
Can I pursue legal action against someone who lied on an ex parte motion, causing my stepchildren to be temporarily taken away? They falsely claimed the children were in harm, that we won't protect them, and accused me of attacking them. I have video evidence disproving their statements and... View More
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answered on Mar 24, 2025
You may have options for addressing false statements made in an ex parte motion. In most jurisdictions, knowingly lying in court documents can constitute perjury, which is a serious offense. Your video evidence and witnesses could prove valuable in demonstrating these falsehoods to the court.... View More
I share joint legal and physical custody of my two children with my ex-partner. The court ordered me to provide health insurance, and my children are covered under Medicaid through my household, which has been essential, especially since my daughter was diagnosed with brain cancer in 2022. My... View More
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answered on Apr 13, 2025
It seems that your ex-partner may be violating the joint custody agreement by making decisions about the children’s health insurance without consulting you, especially given that the court ordered you to maintain the insurance. Since your daughter has specific medical needs, such as ongoing... View More
I share joint legal and physical custody of my two children with my ex. Due to my income level, my children have been covered under Medicaid through my household, which has been essential, particularly for my daughter's brain cancer treatment since her diagnosis in 2022. The court ordered me... View More
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answered on Apr 13, 2025
It sounds like your ex may be acting outside the scope of the joint custody agreement by making decisions about the children’s health insurance without your consent, especially given the medical needs of your daughter. If the court order requires you to maintain Medicaid coverage and your ex has... View More
I had a lawyer eight years ago for a child custody case with my first wife, which ended. I later remarried, had two children, and am now divorced from my second wife, with whom I'm currently battling custody. The lawyer from my first divorce is now the judge presiding over this trial. My... View More
answered on Feb 27, 2025
She can certainly try. There are conflict rules and ethics opinions the judge must consider that may apply to the facts in your situations. In a "close call" I don't think many would fault a judge for recusing him or herself out of an abundance of caution.
I make all the decisions legally with full custody. You pay! Legally? If the legal responsibility lies with one person, shouldn’t all legal responsibility lie with that person?
answered on Jan 19, 2025
Not at all! Children are entitled to support from BOTH parents. If you look closely at the child support formula calculation, you will see that both parents' income is taken into account, along with the number of "overnights" each person has. The formula is intended to put a child in... View More
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