Reasonable is that amount of time which is fairly necessary, conveniently, to do whatever is required to be done. There is no set number in this situation, so reasonable is what both parents define it to be.

It can be hard, depending on circumstances. But your case sounds like one where circumstances exist for sole custody.

Emancipation is different than custody. Your daughter would need to initiate emancipation proceedings, and convince a judge that she is able to live on her own. Coming to live with you is not emancipation, but a change of custody.

When were you married? Michigan is generally a "no fault" state when it comes to divorce and so for purposes of divorce, cheating doesn't really matter. Spousal support is possible, particularly in long term marriages (generally over 10 years), and when there is some fault attributed... View More

No. Courts will recognize either the litigate or a licensed attorney appearing on behalf of the litigate. In some cases a person may have a "next friend" step in his or her shoes and can still have an attorney. The 15 year old in your scenario would not be recognized by a court as a... View More

Best thing to do would be to seek an ex parte order from the court.

Yes. Without a court order, you have no authority to keep the child from the other parent. If you have ongoing concerns, and since your ex parte was denied, you can file a regular motion to change custody.

Custody starts with a complaint filed by one parent alleging that a child is the product of that person and the other parent, and includes reasons under the 12 Best Interest of the Child factors that are applicable to the situation as to which custody situation is best for that child. In most cases... View More

You start by filing a complaint and serving him. At that point you can begin negotiating child custody, property settlement, etc. If he files first, you would be the defendant but that likely won’t change the outcome related to child custody at all. Michigan is a no-fault divorce state. What... View More

First things, first...the Friend of the Court does not change custody or make orders; that is what judges do. If the mother is cooperative, it doesn't need to be a long process, but it is a process all the same.

You will need to file an objection to the ex parte order. You should do so promptly, and with an attorney's assistance if possible.

Are you the legal father? (e.g. affidavit of parentage signed and on file with the state). You cannot expect the court to enforce an agreement it did not make or have record of. You should file a custody action so that you get a written order that can be enforced in the future.

Your ex-husband is only considered the legal father of your child if you were pregnant during the marriage. If your pregnancy began after the Judgment of Divorce was entered by the court, your ex-husband will not be the legal father. You will want to make sure the baby's biological father... View More

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answered on Mar 27, 2020

It sounds like you are a married couple and your plan of distribution at the first death is "survivor takes all". That being the case, utilizing death beneficiary designations or joint tenancy with survivorship title holding is effective to vest ownership in those assets in the survivor.... View More

It is legal certainly to be represented by a family member who also happens to be an attorney so long as there is no direct conflict of interest for the attorney. Probably not the best idea for an attorney to do so for emotional and other reasons; many lawyers will refer family members to other... View More

Not sure why the court would dismiss the divorce in this situation other than your ex-wife - assuming she is the plaintiff - failed to continue the proceedings. Regardless, with the divorce goes the court's ability to enforce your agreement.

You could file your own divorce action at this point.

What does the Order granting guardianship say about visitation/parenting time?

Is it at the discretion of the parties? If so then you need to petition the Court that granted the guardianship to allow for parenting time/visitation if your mother won't cooperate.

If the order... View More

You've used two words - "abandoned" and "abused" - which have several meanings in a family court situation. Those words have specific legal meanings to the court; people often ascribe their own definition to those words, which sometimes is not consistent with the... View More

You may need to request a new motion hearing to enter the prior judgment.

File it anyway so long as it comports to what the judge said.