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Michigan Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: Can I request child support to be re-calculated and back dated?

Ex wife didn't inform the court of her new job almost 2 years ago and her hourly rate came up significantly and we pretty much made the same amount. So continued to collect child support based on her lower wage amount. Can I ask it to be recalculated and back dated to when she got her new job?... View More

Brent T. Geers
Brent T. Geers
answered on Oct 7, 2020

It would depend on how much the support calculation actually changes. Parenting time is a separate issue from child support; you do not get "credit" for your ex wife not allowing you visitation.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My exs (never married) Fiancé has past domestic charges. Is that considered a potentially dangerous living situation?

My Ex’s fiancé has 3 separate domestic violence charges. He doesn’t have custody of his child nor does the child’s mother.

Brent T. Geers
Brent T. Geers
answered on Oct 2, 2020

Not necessarily. The concern for a family court judge would be what is going on now, not this person's past.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: With no custody order can the other parent demand where and how a regular visit is to be done.

I’ve raised my son since he was one he’s now 5

6 70% overnights to her 30%. She is now withholding him for over a month physically and allowing him to talk to me 1 day a week on the phone.she ignores any questions I have that regard my son. The beginnings of a custody case is in... View More

Brent T. Geers
Brent T. Geers
answered on Oct 2, 2020

Sounds like you are on the path to a resolution through mediation. There will likely be a specific parenting time plan order put in place that you and she can rely on.

1 Answer | Asked in Criminal Law, Child Custody and Landlord - Tenant for Michigan on
Q: Can someone use stolen evidence can i sue for defamation of character.

My ex broke into my home in june 2019 in which i pressed charges on her now husband for b and e and larsony. I didnt show up to court and it was dropped to disturbing the peace. now they are using the photos they took against me in a custody battle.

Brent T. Geers
Brent T. Geers
answered on Sep 29, 2020

Family law is civil in nature and not subject to the more stringent criminal law standards. How are the photos relevant? That should be the focus of your fight now.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Michigan on
Q: I want to win my divorce and custody case between me and my wife.

She filed for custody and I sent back the questionnaire but divorce papers still have not been filed yet. I am in Oak Park Michigan. I have been married for 16 years and there are four minor children. My son lives with me. What is my next legal step? I already tried to get the case dismissed and... View More

Brent T. Geers
Brent T. Geers
answered on Sep 24, 2020

The case will not be dismissed if she is actively pursuing it. Under what grounds would the court have authority to dismiss it? You could file for divorce since she apparently hasn't yet. That should be your next step.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: I would like to end my relationship with my kids' (8 yrs old and 7 mths) father and I want to take the children with me.

He's told me, if I decide to leave the relationship then the children must stay with him because we have all been living together at our apartment together for the past several years. I live in Michigan and I want to know if I have any rights being their mother. There is no custody order in... View More

Brent T. Geers
Brent T. Geers
answered on Sep 17, 2020

The answer to your question depends on whether his is the legal father to the children. From there, unfortunately, it may become a race to the courthouse. Unless you are married, you as the mother would have initial custody of the children. But not, do not expect the police to help in this matter... View More

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: My ex and I have a custody 80/20 custody agreement. He wants shared custody but he lives over an hour from their school.

The children are 5&8 and I just bought a house where the school is across the street. The kids would have to be awake by 6-6:30 to be out of the house by 7:15 to be on time at 8:30 to school. I do not think this is an acceptable arrangement but I am still worried. He’s an active father and... View More

Brent T. Geers
Brent T. Geers
answered on Sep 16, 2020

One step at a time....has your ex filed anything with the court? Until he does, and a judge agrees with him, the court orders remain in place. It will be hard for any attorney to give you a definite opinion without a pleading. What can be said is that if your ex wants a change, it will be his... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Can a mother leave the her kid with a boyfriend while she has visitation?

My nephews mom is on heroin with her boyfriend, we don't have 'proof' of her use only his, she gets him Thursday threw Monday but I know she's checking into a methadone clinic for the days he's supposed to be with her. She's leaving her son with her drugged out... View More

Brent T. Geers
Brent T. Geers
answered on Sep 17, 2020

The best course of action would be for the father to file a motion with the court.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Is there anything I can do to prove my child's father cannot be trusted to take care of her?

I plan on leaving my child’s father soon and I know a court battle will eventually occurr. Currently we live together and unless i ask him to do something everything is pinned on me. He sleeps well into the early afternoon daily. I have attempted to leave before and when I have I get numerous... View More

Brent T. Geers
Brent T. Geers
answered on Sep 15, 2020

You would have the opportunity to present evidence on what's called the Best Interest of the Child factors before the judge determines custody. However, keep in mind that the court must determine custody going forward; that he has left you to do the work because you are there is not... View More

1 Answer | Asked in Criminal Law and Child Custody for Michigan on
Q: Will I go to jail?

I live in Michigan, I am a single Mom. I have full custody of my child, his father has visitation.

I recently got a citation for local ordinance misdemeanor 3rd degree retail fraud. I wasn't taken to the police station and I wasn't fingerprinted. This is my 1st ever offense.... View More

Brent T. Geers
Brent T. Geers
answered on Sep 11, 2020

Breath. Understandably, you've never been in criminal trouble before and are imagining the worse possible scenarios. You will likely not see any jail time, and so long as you are otherwise financially qualified, will remain free to buy a house. And if something like a single misdemeanor retail... View More

1 Answer | Asked in Child Custody, Child Support and Divorce for Michigan on
Q: Hi-My husband left me&our home. He got his own apartment. Do i file for legal separation? I didnt want this.

I cant afford our home bills on my own. He gave me 3 options: I buy the home from him, he stays at the home, or we sell and split any profit. I chose the later. I am now trying to move everything, figure out what is mine/his. Friends say i should file for legal separation, not sure if this is the... View More

Brent T. Geers
Brent T. Geers
answered on Sep 8, 2020

Legal separation will do everything a divorce does except make you legally divorced. You could do so to help bring some certainty to the economic situation. However, your husband could counter file for divorce. Michigan is a "no fault" state when it comes to divorce, and it only takes one... View More

1 Answer | Asked in Child Custody, Child Support and Health Care Law for Michigan on
Q: Will my ex be responsible for my child’s health care?

My ex and I just had a baby. I Found out five weeks before the baby was born that he was still married. And instead of him working from home he is actually a stay at home dad. I live in the state of Michigan and was already told by the child support division that he would be imputed at minimum wage... View More

Brent T. Geers
Brent T. Geers
answered on Aug 17, 2020

Yes, medical coverage will be a part of the child support order. At a minimum, your ex will be responsible to the state for reimbursement of birth expenses. And so long as he (or you) have access to private insurance, one of you will be required to keep the child covered.

1 Answer | Asked in Child Custody for Michigan on
Q: How do I get my child back from a temporary guardianship I willingly signed to her great aunt in another state from me

My child had problems in school for most of her first year of school so I decided it would be best until I got a stable situation for myself she could stay with her great aunt for a little bit but I’m ready to have her home with myself n her siblings

Brent T. Geers
Brent T. Geers
answered on Aug 10, 2020

You may petition the court for termination of the guardianship, showing that you are stable and willing and able to receive your child back.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: What happens if my husband wants legal custody and to be responsible for my baby I got pregnant with during separation.

My husband and i separated for a year we have three other children but never got divorced. I moved to south carolina and was seeing someone else who got me pregnant. This guy cheated and kicked me and my three kids out of the house. I came back to Michigan with my legal husband still three months... View More

Brent T. Geers
Brent T. Geers
answered on Aug 1, 2020

Let's start with two simple premises: 1) while you are legally married, the husband is presumed to be the father of any child born to the wife during that marriage. 2) Jurisdiction will almost always be with the court in the county where the child is found.

So here's the easy...
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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: In a case of temporary 50/50 how hard would it be to relocate due to marriage? Ex is very involved.

I got married and want to move to Arizona with my new husband(military). My son hasn't spent any time with new husband(would this be a strike against me?)

Brent T. Geers
Brent T. Geers
answered on Jul 22, 2020

Depends on a number of factors; the burden would be on you to show the court the move is in the child's best interest. Ordinarily with a move like that, whomever the child does not stay with during the school year would get parenting time during the summer and school breaks so that is... View More

1 Answer | Asked in Child Custody and Divorce for Michigan on
Q: I need help with divorce and child custody. I would like to make sure that I dont get abandonment of my child .

I asked for a separation last Saturday night and was asked to leave where I was living. I tried to take my daughter with me but my husband and his family denied me to take her. She is 12 yrs old and she wanted to stay with her dad and grandparents. I just want it known that I didnt abandoned her.... View More

Andrew M Steiger
Andrew M Steiger
answered on Jul 20, 2020

The court will look at the best interests of the child factors to determine child custody. The fact that your spouse’s family denied your request to take your daughter does not control here. Hire an attorney and file for divorce. Unless there are strong factors weighing against 50/50 custody,... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Signed my rights over in 2016, now im sober 2 years and want my son more. Where do I even begin?

I signed over my rights to my son, who was 5 at the time, to his father. I was still in active addiction and when he filed for custody, I knew it was best for my son. My ex told me i would still have my rights, just not custody. He lied. All my rights were taken and I was only given supervised... View More

Brent T. Geers
Brent T. Geers
answered on Jul 17, 2020

It doesn't sound like your parental rights were terminated. The father has sole legal custody. What you would need to do is file a motion for specific parenting time. It's a slow and gradual process; the court is not going to immediately jump to 50 / 50 custody here. But as you make... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: What kind of motion do I file and how?

My daughter is now 14. She has many reasons as to why she doesn't want to spend as much time with the other parent such as some emotional and mental abuse which makes it hard for her to want to go as often. Is there a motion I can file or how do I go about my daughter being able to talk to the... View More

Brent T. Geers
Brent T. Geers
answered on Jul 13, 2020

You'll need to file either a motion to change parenting time or custody. Please be aware that just because the child doesn't want to go, and even if her reasons are legitimate, her opinion is one of 12 factors the judge will consider.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: I live in southern Illinois my daughter lives in Kentucky with her dad can you help me get my rights back to my daughte

She is 14 and cry’s every night cause she hates it there and wants to be with me her mother her dad lives with his parents no job no license he’s a alcoholic and pill head my baby has to take care of her grandmother all the time cause she’s in a wheelchair she can’t be a kid she lives as a... View More

Mechelle Woznicki
Mechelle Woznicki
answered on Jul 10, 2020

It sounds like this case might be in a jurisdiction (court) outside of Michigan. If that is the case, you will need an attorney in the state where the court is located that issued the current order.

If it is a Michigan case, I can certainly help. You could schedule a call with me on my...
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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Is it illegal for MI CPS to mislead me and withhold facts I needed to make an appropriate decision and then take my kid?

MI CPS wanted me to participate in a program that required 10 hours/week and A person from the program told me it was voluntary and later said that cps could make it mandatory & cps worker told me that if I said no that they could take me to court to force me to comply or to take my daughter.... View More

Brent T. Geers
Brent T. Geers
answered on Jul 7, 2020

I'm unsure what facts were inaccurate. It sounds like CPS told you either 1) do this program, or 2) we'll file a petition that could lead to removal of the child. You choose not to do the program, and so they filed a petition along with an ex parte removal order.

The question now...
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