Get free answers to your Child Custody legal questions from lawyers in your area.
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](https://lawyers.justia.com/images/no-picture-listings.png)
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
There is a child in foster care who was sued (in conjunction with his grandfather) in a civil matter for one million dollars. The child’s foster parents did not respond to anything from the court so the case was defaulted and a settlement was determined for $101,000. If the child is a minor and... View More
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](https://lawyers.justia.com/images/no-picture-listings.png)
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.
![Brent T. Geers Brent T. Geers](https://lawyers.justia.com/images/no-picture-listings.png)
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.
I have recordings and text messages of the parent refusing to provide me papers and I have all the other paperwork that the court has sent me but none of the custody agreement
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](https://lawyers.justia.com/images/no-picture-listings.png)
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.
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 James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
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... View More
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](https://lawyers.justia.com/images/no-picture-listings.png)
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.
Does it matter where the child is born? We live together in Michigan currently.
![Brent T. Geers Brent T. Geers](https://lawyers.justia.com/images/no-picture-listings.png)
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.
She said no when she gets out will she have trouble with that
![Brent T. Geers Brent T. Geers](https://lawyers.justia.com/images/no-picture-listings.png)
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.
He lost my phone and now are adopted out my kids this happened August 2023
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
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... View More
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](https://lawyers.justia.com/images/no-picture-listings.png)
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.
![Brent T. Geers Brent T. Geers](https://lawyers.justia.com/images/no-picture-listings.png)
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.
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](https://lawyers.justia.com/images/no-picture-listings.png)
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
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](https://lawyers.justia.com/images/no-picture-listings.png)
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.
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 James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
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
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
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
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](https://lawyers.justia.com/images/no-picture-listings.png)
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.
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](https://lawyers.justia.com/images/no-picture-listings.png)
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.