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Michigan Child Custody Questions & Answers
0 Answers | Asked in Criminal Law, Child Custody, Domestic Violence and Family Law for Michigan on
Q: Can I file charges for harassment and stalking against my ex-wife in MI?

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

1 Answer | Asked in Child Custody, Civil Litigation and Civil Rights for Michigan on
Q: Can I take legal action against someone for lying on an ex parte motion in a custody case?

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

James L. Arrasmith
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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

0 Answers | Asked in Child Custody, Child Support and Health Care Law for Michigan on
Q: Is ex-partner violating custody agreement by changing health insurance without input? Should I file a court motion?

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

0 Answers | Asked in Child Custody, Child Support and Health Care Law for Michigan on
Q: Can my ex change kids' insurance from Medicaid without consulting me?

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

0 Answers | Asked in Child Custody and Family Law for Michigan on
Q: Is it abandonment if my wife moved our children from Michigan to Wyoming without consent?

My wife took our four children out of state, moving from Michigan to Wyoming nine months ago. She initially went there to visit her parents but decided to stay, rent an apartment, get a job, and enroll the children in school without my consent. We are still legally married, and I have not filed any... View More

0 Answers | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: Concern about child support review impact on custody in MI

I informed my ex-husband that we had a child support review, and he responded by saying, "if anything changes, I'm taking you to court." I am the primary caregiver for our 11-year-old daughter, and we have joint custody. Our current arrangement is that I have her for 9 days, and he... View More

1 Answer | Asked in Child Custody and Gov & Administrative Law for Michigan on
Q: Can a judge be removed for past representation as my lawyer?

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

Brent T. Geers
Brent T. Geers
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.

1 Answer | Asked in Child Support, Child Custody and Family Law for Michigan on
Q: Full legal custody = full legal responsibility? Seems like an imbalance. Please explain. Confused.

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?

Brent T. Geers
Brent T. Geers
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

2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Michigan on
Q: My ex was arrested for Assault(x3) and domestic violence, wreckless driving. I need to keep the kids from her?

Domestic was on her new boyfriend, his ex and his parents.

Brent T. Geers
Brent T. Geers
answered on Dec 18, 2024

Depends...were the kids present when this happened? Otherwise, she's got a criminal matter going on that doesn't necessarily have anything to do with the custody and parenting time at this point. If you have concerns about her parenting ability related to these charges, you should address... View More

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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Husband medically unable to work, bio mom able to get insurance can they mandatory make a step parent get insurance MI

My husband is medically unable to work and everything is documented, he always carried insurance on kids but now unable to work and court order did not state who was liable for primary etc. so kids were added to mine until we got clarification as I’m the step parent.

We went to referee... View More

Brent T. Geers
Brent T. Geers
answered on Dec 18, 2024

The short answer is the referee was probably right. Just because a party appeals a decision doesn't make it wrong. Let the process play out. It's hard to imagine you could be ordered to carry this insurance, particularly if you have not formally adopted these kids.

What this all...
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1 Answer | Asked in Child Custody for Michigan on
Q: Filing 4 custody, writing a formal letter to judge. Can a witness provide a statement but remain anonymous to defendant?

This witness is a neighbor to my child’s father who lives with his parents and has seen many things (domestic violence, severe alcohol abuse, aggressive breed dogs not being restrained properly etc.) she is concerned her name would come out to them and she would face scrutiny and drama from them... View More

Brent T. Geers
Brent T. Geers
answered on Dec 1, 2024

No, for two reasons: 1) a written statement means nothing without the ability and willingness to testify in court. 2) Due process requires all litigants and opportunity to confront and challenge adverse statements.

1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on
Q: Can my son's father make me drive hundreds of miles or even out of state for his sport event?

So my order states that I have take my son to his sport event this was made when my son had jujutsu and was a 20 mins drive so my son's father now put him in wrestling a new sport which I was fine with his father went to send me the schedule and I stated to him that I had no problem getting... View More

James W. Kraayeveld
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James W. Kraayeveld
answered on Nov 21, 2024

Life changes and amendments to parenting time orders are common. In an ideal world, when you discussed the wrestling enrollment, you would have agreed to enrolling him with the stipulation that you'll amend the order to include a limit to how much you will drive to sporting events. At this... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Michigan on
Q: I am getting ready to file a motion to change out parenting time, can I file a temp order at the same time or ask for 1?
Brent T. Geers
Brent T. Geers
answered on Nov 17, 2024

A temporary order would likely not be appropriate in this situation. Temporary orders generally are appropriate when no order exists, and there is a need to maintain a status quo. In your situation, there sounds like there is a parenting time order - you don't like it and apparently want to... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: What type of motion should be filed to protect my daughter?

My ex-wife is expecting a child in two months. Our daughter who is seven is not allowed to be alone with her boyfriend via our court order. I want know if there a motion I can file to prevent my ex wife from leaving our daughter in the hands of someone not verified

James W. Kraayeveld
PREMIUM
James W. Kraayeveld
answered on Nov 21, 2024

What does leaving your daughter in the hands of someone not verified mean? Do you want a court order that your daughter may not be left in the care of any third party without your agreement? You can certainly ask for such a court order, but whether you will get such relief depends on what kind of... View More

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.

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

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