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Michigan Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Support and Child Custody for Michigan on
Q: I'm a custodial parent an I don't work,the courts put in I make 1542.67 a month. How can they do that?

I have our daughter who is now 15, 365 days a year. He rarely ever sees her, maybe once in a year an a half so I filed a motion to change parenting time. They wouldnt change it an still have it marked he has her 90 days a year an courts also base support off of overnights. How can I have them... View More

Brent T. Geers
Brent T. Geers
answered on Jan 11, 2018

The court is unlikely to enter a parenting time order for less than 90 overnights. The issue isn't so much how much parenting time he used, but rather how much time is reasonable. Ultimately whether he uses the time or not is up to him, not you or the court.

The $1.542.67 sounds like...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: My wife cheated on me and got pregnant, I’m sterile so I know it’s not mine. What are my legal responsibilities?
Philip G. Vera
PREMIUM
Philip G. Vera
answered on Jan 10, 2018

There is an automatic presumption that a child conceived during a marriage is that of the husband. That is the case regardless of any medical determination as to whether you are capable of conceiving the child or not. Should you desire to disavow the child, a DNA test would need to happen and a... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: I'm wondering if my boyfriend can stop me from taking our daughter with me to another state, he does not help with her
Brent T. Geers
Brent T. Geers
answered on Jan 4, 2018

Unless there is a custody order in place, you as the mother have sole custody.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My 16 year old is not wanting visitation with her father but court forcing it. What can she do?

Her father had visitation revoked on and off over several years. Now after released from house arrest he is granted visitation even though not recommending by her therapist .

Brent T. Geers
Brent T. Geers
answered on Jan 4, 2018

You need to file a motion in court. Your daughter is at the age where the judge or referee may take her opinion into consideration, along with what her therapist suggests. Note, though, that a court is not controlled by either.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: My ex and I just split after 4 years of him supporting me and our daughter. What are my options?

We have lived together since before I got pregnant. I am the sole care taker of our daughter and he provided a home and food, basically I did everything at home and he paid. We were not legally married.

Brent T. Geers
Brent T. Geers
answered on Dec 29, 2017

Your option is to pursue a child support order. He is not obligated to continue paying living expenses.

1 Answer | Asked in Family Law, Child Custody, Child Support and Public Benefits for Michigan on
Q: The state of Michigan named a guy the father of my two kids by default. He's not on birth

certificate and they do have His Last name. I was receiving state assistance at the time. Do he have legal rights to them? No DNA test was done.No contact from with him in 7yrs, do not know where he lives. I want to change their last name? He only fathered one child after figuring out actual... View More

John Joseph Rizzo III
John Joseph Rizzo III
answered on Feb 2, 2018

I do not think that the state trying to get reimbursement from him for the assistance you received gives him any legal rights to the children. He could file a paternity action to get rights to the child that is his, but if he has not done that and he is not on the birth certificate, I do not see... View More

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: Can a judge force me to pay child support for my child that was taken out of state without permissher mom has a warrant?
Neil Colman
Neil Colman
answered on Nov 16, 2017

You have an obligation to comply with the Court Order for Support until another such order is entered. I suggest you retain an experienced family law attorney to file a Motion to Suspend Support and to require her to bring the child(ren) back if that's what you want. Again, much could depend... View More

1 Answer | Asked in Child Custody for Michigan on
Q: Will i get in trouble for with holding my child and how can i go about this the right way?

So my childs father has visitations of wed. And every other weekend and he never gets her wednesdays and i always work with him because he can never get her on his fridays at 2 sometime he gets her late friday or sat and i usually work with him but ive had many issues... shes came back with lice 5... View More

Brent T. Geers
Brent T. Geers
answered on Nov 6, 2017

Child custody and parenting time are not matters to take into your own hands. If what you're saying is true, and you've documented them or can otherwise show them to be true, then you may have grounds to file the appropriate motion in court altering or suspending your ex's parenting... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My brothers, 23, babys mom, 17, can he get in trouble for age when filing custody. She won't let him see the baby.

She won't let him see my nephew. He's suffering from severe suicidal depression from it and I need help! He needs help! I want him too see my nephew! But he doesn't want to go to court if he can get in trouble because of their ages.

Brent T. Geers
Brent T. Geers
answered on Oct 30, 2017

It's a possibility. An attorney would want to know exact ages and circumstances.

1 Answer | Asked in Family Law, Adoption and Child Custody for Michigan on
Q: I take care of a son that is not my biological.He considers me his father. His mother offers no support.What rights do I

I dated a young lady for 7 plus years on and off we have not lived together for the last 2 years but her son still stays with me. She has not lived together for the last 2 years but her son still stays with me.

What rights do I have to get custody of the Son. I have enrolled him at school.... View More

Brent T. Geers
Brent T. Geers
answered on Oct 25, 2017

Your rights concerning the child are limited to what the mother willingly allows you to do. At any time, she can call her son home and not let you see him again. Or, the father could come in the picture and start a custody issue, of which you would have no dog in the fight.

There is a...
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1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: What would happen if I move with my children to another state with out permission and I have physical custody?

I've filed change of domicile but I know he won't agree. He don't pay and he has no parenting time. I have my mother and family to where I'm moving what would happen if I just leave with my two children. If he files a motion and I'm established in the new state would they... View More

Brent T. Geers
Brent T. Geers
answered on Oct 25, 2017

You would be in contempt of a court order. Your best option is to file the appropriate motion. If he doesn't response or appear, it will likely be granted. Even if he does respond, you could show the judge that the move is for you and the child's best interest. The court could still grant... View More

1 Answer | Asked in Child Custody for Michigan on
Q: Would I be able to move out of state?

My son's father hasn't been in his life and isn't on the birth certificate. He has nothing to do with my son and he wants nothing to do with my son. Would I be able to move out of state without any legal trouble in the future if he ever changed his mind?

Brent T. Geers
Brent T. Geers
answered on Oct 23, 2017

I assume that there has not been a legal custody determination. Typically, custody orders dictate that you cannot move out of state or more than 100 miles without the court's permission. Without a court order, that doesn't apply. It would be wise to consult with a local attorney to be... View More

1 Answer | Asked in Child Custody for Michigan on
Q: am I able to keep my child's fathers girlfriend away from my son after she posted a status publicly demeaning me

I would like to see if I can take it a step further An keep her away from my son after this post was made? I had question him were he was after a photo was posted I assumed it was the same day I was concerned who had our son as I was at work. She put a status because I text her when he would not... View More

Brent T. Geers
Brent T. Geers
answered on Oct 23, 2017

There would likely need to be more to the story. Unless you can show that the father or his girlfriend is doing something contrary to your son's best interest, the best course may to let things be. Her message, while juvenile, doesn't appear to name you specifically, and there's no... View More

1 Answer | Asked in Child Custody for Michigan on
Q: A friends father of her 4 kids took the kids to washington where does she file for custody? Michigan or washington?

My friend went to jail for 3 weeks during that time he took their four kids to washington. And now refuses to let her even talk to them. There is no court order currently in place and he is the father on the birth certificates. Now that she is home she wants to file for custody but we dont know... View More

Neil Colman
Neil Colman
answered on Oct 17, 2017

Hire an experienced family law attorney who can file in the county where you reside and he/she could file motion seeking an Order requiring that the kids be returned to the State of Michigan, since Michigan is their home state.

1 Answer | Asked in Child Custody for Michigan on
Q: What form do I need to fill out to guarantee that I, the mother, will have custody during the custody fight.

We are not married and lived together. He has been verbally abusive me, and wants joint custody. He parents have money and have a lawyer. I don't have any money for a lawyer and need guidance on this. What other forms do I need to fill out. He has already filled in Calhoun County MI. He... View More

Neil Colman
Neil Colman
answered on Oct 17, 2017

There are no forms to fill out to resolve the problem. You MUST find a way to borrow money and hire an experienced family law attorney. This is not an easy process. You’re not qualified to handle a matter of this importance or magnitude. No one can teach you how practice law, and that’s why you... View More

1 Answer | Asked in Family Law, Adoption, Child Custody and Domestic Violence for Michigan on
Q: If the judge that took my children was made to retire because of what he did. Shouldn't it be null and void!!

Shouldn't they have to redo all of the cases that were during that time? I also have where my ex stood up in court and plead guilty for abusing me and stood up in court and said that everyone that called I me lied. He through him self under the bus and explains everything in the letters. Than... View More

Brent T. Geers
Brent T. Geers
answered on Oct 16, 2017

The answer to your title question is no. Cases are not reheard whenever a judge retires. You have (or had) an opportunity to appeal; that is the appropriate way to address your issues.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Can I give my boyfriend rights to my son? Michigan terminated my son's dad's rights!!!
Neil Colman
Neil Colman
answered on Oct 15, 2017

You should consult with a probate attorney about guardianship or co-guardianship with your boyfriend.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Hi my name is Anna, im writing you because I had a paper notraized about signing my rights I want my baby back what do
Brent T. Geers
Brent T. Geers
answered on Oct 16, 2017

If the paper you signed involved voluntarily terminating your parental rights, there is no going back. If you signed a limited guardianship, there is a process to follow that could result in the return of your child.

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: Do I need to supply diapers when my child's father takes our son?

I have sole custody of my son. His father pays $50 a week in child support. Occasionally his father will take our son for the weekend. Is it my responsibility to supply him with diapers or is it his to buy them for the time he has him?

Neil Colman
Neil Colman
answered on Oct 13, 2017

His responsibility unless he’s irresponsible. You’ll know if and when the child comes home with a soiled diaper.

1 Answer | Asked in Child Custody for Michigan on
Q: My ex is taking our kids to Florida to live in a camper with 5 other people in one week. Can I prevent this?

He and his current wife unfairly gained custody of my 11 and 13 year old sons 2 years ago. They have alienated me from them since. I've just learned through the grapevine he's planned a sudden move to Florida where they will be living in a fifth-wheel camper with 3 other children (7... View More

Neil Colman
Neil Colman
answered on Oct 12, 2017

You start with retaining a very experienced family law attorney who has been involved in custody cases. Don't know why you say he gained custody unfairly. If you were not represented or did not take part in the proceedings, that is your fault. Is there a Judgment? Was he awarded sole legal and... View More

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