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Michigan Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: Non-custodial parent moved out of state without permission. Court soon, what to expect?

We have specific parenting time, in which he has not done in over 3 months. I have submitted forms for both full legal (we now haVE joint legal and I have sole physical) and parenting time enforcement. He has only contacted them 3 times since he's been gone. I want to keep our current summer... View More

Brent T. Geers
Brent T. Geers
answered on Apr 1, 2019

If he doesn't show up, the court will likely grant you the relief you want. Just know that a court can only order specific parenting time; they cannot make a parent actually exercise it.

Generally, as the parent who moved away, he would be responsible for all or a significant portion...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: Had a one night stand with a lady she says she's pregnant now an im the father to the unborn child I want nothin to do

With the child or the mother how to solve my question as to can she come after me if I want nothing to do with her or the child am I'm gonna have to pay child support down the road I don't want nothin to do with her or the child

Brent T. Geers
Brent T. Geers
answered on Apr 1, 2019

The one thing you cannot get out of is child support if its determined that you are the legal father. Whether you are involved with the child (and the mother) is ultimately up to you.

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: Will the court reduce my CS Obligation (Michigan) (Genesee County)

I was making $15hr and moved to Texas currently making 12hr, I'm forced to work all my off days as overtime just to pay the obligation and rent with barely any money left after, not to mention it takes a toll on my body not having any off days, I get my children for the summer court ordered... View More

Brent T. Geers
Brent T. Geers
answered on Mar 26, 2019

You may ask the Friend of the Court for an income review.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My ex won't cooperate about pick and drop off times with my kids. He is unresponsive and being very passive aggressive.

Me and my ex are limited to communicating through my mother because I press charges for domestic violence against him this weekend and I now have a PPO.

But he's being very passive aggressive about it and won't respond about times to pick them up and drop them off.

He is... View More

Brent T. Geers
Brent T. Geers
answered on Mar 23, 2019

You will, most likely, need to file a parenting time complaint with the Friend of the Court for any violations of the exchange times.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: if I have 50% legal custody is the other party allowed to refuse parenting time
Laurie Schmitt
Laurie Schmitt
answered on Mar 19, 2019

If you have a court order that specifically defines your parenting time, the other party would be in violation of that court order if they refuse parenting time.

Legal custody does not have anything to do with parenting time. Legal custody defines who can make major decisions for the...
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1 Answer | Asked in Child Custody for Michigan on
Q: Ex wife has alcohol issues,has primary custody but I want custody cuz she refuses treatment. What motions do i file?

I dont want any financial support from her, i dont want to cut the kids from visitation as long as its supervised, and just want to make sure i file all the proper paperwork.

Brent T. Geers
Brent T. Geers
answered on Mar 14, 2019

You'll need to file a motion to change custody. Parenting time and support will be evaluated along with that.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: I am looking for help on child custody law in Hartland, MI. It seems like I only have visitation rights only.

I currently only have visitation rights for my daughter. Our FOC was originally located in Detroit, but the mom wanted to transfer to Livingston County and I agreed. Livingston County FOC sent papers to an old mailing address and I never recieved the papers to show up in court to figure out custody... View More

Brent T. Geers
Brent T. Geers
answered on Mar 12, 2019

You will need to file a motion. You may do so either through a local attorney or some courthouses have a legal assistance center that can provide you with the appropriate forms to get you started. Until a motion is granted and a new custody or parenting time order is in place, things will stay the... View More

1 Answer | Asked in Child Custody for Michigan on
Q: My kids mom has custody. I was wondering can i fight to have custody changed because she has a cps case open on her..

She was allowing the children to play on a treadmill unattended they are 2 3 and 6 yrs old. They had bruises and burn marks from falling off it .. The burn marks are from the belt of treadmill.

Brent T. Geers
Brent T. Geers
answered on Feb 25, 2019

It's possible, but the fact that there is a CPS case open, alone, doesn't mean that it will result in an automatic change.

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: Do You Help with custody battles with parents who can't Co-parent with Thier Children's
Brent T. Geers
Brent T. Geers
answered on Jan 12, 2019

Your question is the essence of custody disputes heard everyday in courts. Without agreement, you'll need to be prepared to litigate the matter.

1 Answer | Asked in Child Custody for Michigan on
Q: I have full custody and my ex has parenting time and I just tired picking them up and she filed a ppo on me what do I do

We live in mi and she lives in Kansas the court is here in Michigan and she filled a ppo on me. Now I can’t contact my kids or even pick them up and take them back to Michigan

Brent T. Geers
Brent T. Geers
answered on Jan 4, 2019

First things first: you must file an objection to the PPO immediately.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: Unlawful custody

Unwed father with no paternity test who is in prison just sentenced to 13 years and when initial arrest happend father and mother sign power of attorney over to Mother of father to release from Child Protection Services because child was with them while arrest happened now the fathers mother will... View More

Brent T. Geers
Brent T. Geers
answered on Jan 2, 2019

A lot of moving pieces here, but a paternity test is not a requirement for a man to be deemed the legal father to a child...especially if Mom is not claiming some other man is the true father. That said, it's likely - given that CPS was involved - that as part of the POA process, they also... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: I found out my children’s father had a warrant out for his arrest for driving with a suspended license.

My concern is he’s driving with my children on his visitation days with a suspended license. I spent so much money on our case and I won sole joint custody/custodial parent. I’m trying to see if I should call cps or file a motion. He also had a warrant out for his arrest for this issue but... View More

Brent T. Geers
Brent T. Geers
answered on Dec 8, 2018

You probably should file a motion with the court asking for an order that until he can present proof of having a valid driver license, he needs to arrange alternate transportation. Unfortunately, other than for the actual exchanges, you really have no way of controlling whether he'll ever... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My exhusband has only seen my kids one day in 3 years and wants to come get them and take them to Tennessee

He has not been present in over 3 years but one day ? Our custody order was done in Georgia and neither of us live there .

Brent T. Geers
Brent T. Geers
answered on Dec 8, 2018

You should get the case transferred to your county here in Michigan since this is where the child no lives. The child, then, cannot be moved more than 100 miles or outside the state of Michigan by either of you without an agreement or the court's order.

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: How can I get a court order for the other parent to do a dna test if he is in prison?
Brent T. Geers
Brent T. Geers
answered on Dec 8, 2018

By your question, I assume you believe this person is the father of a child. First step is to file a paternity case in the county you live in indicating that you believe this person is the biological father. He will then have the opportunity to affirm or deny that allegation. If he denies it, the... View More

1 Answer | Asked in Child Custody for Michigan on
Q: Can a custody case be moved to another county if the current jurisdiction is questionable due to family members realtion

There is a cousin married to a judge

Brent T. Geers
Brent T. Geers
answered on Nov 6, 2018

Possibly. Is the cousin married to the judge assigned to the case or just a judge in the same circuit?

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: Can my exe Make me drive half way to pick up our child.

There is no set parenting plan for driving yet. We go to the referee November 30th. Should I drive half way still? I moved with consent of my exe, bur failed to,turn in paper work. I did not agree to terms he wrote that didnt speak with me before hand. We have to re do out parenting plan coming up.... View More

Brent T. Geers
Brent T. Geers
answered on Nov 1, 2018

It sounds like that is the proposition on the table right now if you want to exercise parenting time. And I would expect the new parenting time plan to order meeting half way.

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: What rights do I have if I pay child support? And how do I find out if I have legal rights?
Brent T. Geers
Brent T. Geers
answered on Oct 23, 2018

If you are ordered to pay child support, you are, most likely, determined to be the legal father of a child. With that comes the right to pursue custody and parenting time. However, that is on you to pursue and is not automatically given just because you are determined to be a legal father to a... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Can my ex have my son around his new girl friend who has lost rights to her own children, michigan?

My son is 5, I have full physical custody and joint legal custody. The court says he has to go every other week to his dads. He now has a new girlfriend who has lost her children to the state for drug abuse. Can he have her in my son's life?

Brent T. Geers
Brent T. Geers
answered on Oct 23, 2018

You would need to make the case to the court that this woman presents a threat or danger to your child other than her past.

1 Answer | Asked in Child Custody for Michigan on
Q: My boyfriend has a old cps case from almost 2 years ago for child abuse that was closed and he lost his parental rights.

If we decided to have a baby would our child be taken away because he has that old case with another girl? The case was in Michigan and that is where we also live.

Brent T. Geers
Brent T. Geers
answered on Oct 10, 2018

The baby would not necessarily be taken away, but there will be issues to deal with. Two years is not an old case. Did your boyfriend voluntarily terminate his rights or was it the result of trial? There is a theory in child welfare cases called anticipatory neglect, which will cause CPS to pay you... View More

1 Answer | Asked in Child Custody for Michigan on
Q: My ex-wife is trying to do a DNA test on my daughter, without my consent. Can she legally do this?

I have full custody, my daughter is 10. I refused a dna test because it does not matter to me, but I am unsure if she is mine or not. My daughter already has a lot of issues with mental health because of her mother, and is part of the reason I have full custody. The court has already strongly... View More

Brent T. Geers
Brent T. Geers
answered on Sep 28, 2018

The court can't do much about what the mother says, other than to possibly order her not to. You should seek the advice of a local family law attorney, but truthfully, at least half this issue is about something you and the court has little control over. You could refuse to consent to a DNA... View More

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