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Michigan Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Michigan on
Q: im in michigan my brother is deceased and i was wondering if i have any rights to my neice his ex girlfriend is keeping

her from me

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

Assuming that the ex girlfriend if your niece's mother, what she says goes.

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Michigan on
Q: Is parent with visitation supposed to provide a separate bedroom in their home to be kept for only when child visits?

My partner is from Michigan but lives in Ohio. We have a 3 bedroom home and a 3 year old daughter. Our spare room is an office/playroom because my job requires me to have my own personal work space (I do billing and data entry from home 25-32 hours a week). Since my daughter is 3 it is half a play... View More

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

The child needs a suitable place to sleep. Whether the office / spare room is suitable is a question of fact. From what you're telling us, and unless the parenting time order specifies something, I don't see how your setup would be "illegal".

1 Answer | Asked in Child Custody for Michigan on
Q: what are the chances of getting permant custody of my 14 year old son? his mother is in jail for 5 months, embezzelment

i dont want to disrupt his life if it will be temporary, but its not a good situation,

Brent T. Geers
Brent T. Geers
answered on Aug 28, 2017

Unless there is a legal termination of parental rights, there is no such thing as permanent custody. Once a custody order is in place, it takes clear and convincing evidence of a change of circumstance or substantial cause to change it, but it can always be changed.

Right now, it sounds...
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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Can I legally tell my son's mother that I don't want her letting my son see my parents (his grandparents) anymore?

My parents do not respect the way I want my son raised. And they directly undermine me as a father. I do not want my son in their lives anymore. Can I put it in the court file that he is not allowed to see them or be watched by them unless I am the one that brings him to see them?

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

Without a court order, likely no. Mom would be free to bring your son to the grandparents on her time as she sees fit. You could seek a court order preventing that, but unless she were willing to stipulate to such an order, you better be prepared to convince a judge that seeing the grandparents is... View More

2 Answers | Asked in Civil Litigation, Family Law and Child Custody for Michigan on
Q: Can a trial be adjourned if the opposing attorney changes the name of its law firm and I sign an Order of Substitution?

They have had trial adjourned twice already. It would be the same lawyer just under a different law firm name (their own). I don't want to do anything that would allow them to push trial back. Would my signing an Order of Substitution af Attorney give them a way to ask for and be granted an... View More

Neil Colman
Neil Colman
answered on Aug 24, 2017

First, if it's a custody case, did you hire an experienced family law attorney to represent your interest? If not, do so, as custody matters can be and generally are complex. I don't know where you're located, so it's difficult to advise you of the policies and practices of the... View More

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1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: I have a half sister & our Father is incarcerated, recently her Mother is as well. Can I get temporary custody of her?

My Sister's Mother has two additional children, they're in their 20's like myself. They have her in their home right now, and won't let me speak/ see her. They do not have any guardianship agreements over myself. I don't know legally what action to take next. I'm... View More

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

I see three main variables I'd need answers to before even attempting a suitable answer. 1) how long is Mom incarcerated for? 2) Is your father half-sister's legal father? And if so, is there a custody order? 3) what is the extent of your relationship to the half-sister compared to these... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: My daughter was born in Kentucky and we recently moved back to michigan and I was wondering if her father could take

Us to court for custody with us being in a different state then she was born in

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

Certainly, he can. The action would be filed in the jurisdiction the child resides in - which apparently is somewhere here in Michigan. As such, Michigan law would apply.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My sister passed, leaving 2 children. Her EX (narcissistic, controlling & abusive) husband won't let her family see them

Do the grandparents have rights, & would her siblings (being their Aunts) have any rights to see them? He is upset because she left her father in charge of her estate, as well as life ins policies, vs her EX husband (whos extra marital affair was the reason they divorced, is still going on, in... View More

Brent T. Geers
Brent T. Geers
answered on Aug 21, 2017

Unless there are some fairly unusual circumstances going on, the father in this case has the law on his side. Grandparents would likely be the only people with standing to even approach the court, but even then, they would need to show a substantial harm to the child with not allowing visitation -... View More

1 Answer | Asked in Divorce, Child Custody and Child Support for Michigan on
Q: my wife filed a ppo on me for no reason and will not let me see my children after we split, locked me out of house??

I'm 34 years old. On friday she came home to me talking with a friend and proceeded to call police. There was no arguments and she assualted my friend but made me leave for 48 hours. I went to return to my home after those 48 hours and she changed the locks. She also will not let me see my... View More

Brent T. Geers
Brent T. Geers
answered on Aug 21, 2017

Short, to the point, answer: you'll need to motion the court to terminate or modify the PPO, and consider filing a divorce complaint. Those are two, distinct, processes.

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: I have joint legal cust What are the chances of a motion being approved for relocation due to my ex being unemployed

He only has them every other weekend, has been unemployed since 2009 and pays $349 monthly for 3children. He has not since tried to find work but I've been promoted out of state.

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

A decent chance, although estimating chances in legal proceedings is an inexact science simply because it's a lot more than just you're better able to provide for the children with this promotion out of state (event A) and he is still unemployed (event B). Events C-Z can be just as... View More

1 Answer | Asked in Child Custody for Michigan on
Q: In MI, If my name is not on the birth certificate, do I still have to sign something to terminate my rights?

Mother wants me to terminate my rights, and I want to.

Neil Colman
Neil Colman
answered on Jul 26, 2017

Nothing to terminate. You legally are not the child's parent until you've been determined to be the biological father. Without being the legally determined father, you have no rights to see the child or pay support for the child, unless, for some reason, there is already a child support... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Can you explain this. I want to get a paternity test done. This is one one of the questions.

I request that the court order the following

A) set aside order of filiation, or

B) other (write a detailed explanation)

Neil Colman
Neil Colman
answered on Jul 26, 2017

If there is no court order naming you as the father, then A does not apply. An Order of Filiation is an order that names an individual as the biological father. So B applies. Just indicate that you are seeking DNA testing to establish paternity of a child you believe is or is not your child.

1 Answer | Asked in Child Custody for Michigan on
Q: My ex wife wants flight and hotel info for an up coming vacation to Colorado. We have joint custody. Is she obligated?

To this information? We have 2 children. This is my vacation plan and will return in 5 days.

Neil Colman
Neil Colman
answered on Jun 21, 2017

If your Judgment does not provide that you're to give the information to her, I don't believe you are required to do so. However, as a courtesy there should be no problem in providing her with the information so she knows where to contact her child should the need arise.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My child has been living with my mom for 8yrs, won't let me see her, she has no custody, can I get her without court

I'm active with my child. Just want her home with her mother and my mother won't let me even visit. So I'm in a much better position financially and would like to have my daughter home. Can I bring her home without worrying about courts since she lived with her so long?

Neil Colman
Neil Colman
answered on Jun 12, 2017

As long as there are no court orders in place, I don't know why you couldn't have your daughter return home. Is there, or was there, protective services involvement? Does your daughter want to come home? Is there a guardianship in place?

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Can I take my parents to court to live with my mother?

I am 14, I have a horrible relationship with my stepmother, my mother lives 5 hours away and is happily married, I am extremely sad and unstable in my current home, they have a son together (dad and stepmom), they had me as teens and never went to court for anything, they both are financially... View More

Neil Colman
Neil Colman
answered on May 31, 2017

The answer is no.

1 Answer | Asked in Child Custody for Michigan on
Q: do all court hearings have to have a court reporter? Would a CUSTODY HEARING have to have a court reporter?

If a judge does NOT have a court reporter present and therefore is no court record is that judge in trouble for that?

If the DHS intentionally with holds evidence that would clear a person's name is that legal?

If Professionals have sent in over 20 child abuse complaints and... View More

Neil Colman
Neil Colman
answered on May 30, 2017

While there might not be a court reporter, there more than likely was a video recording if there was an official court hearing.

As to the other 2 questions, there is not enough information.

1 Answer | Asked in Adoption, Child Custody and Family Law for Michigan on
Q: My cousin is a felon and avid drug user. How can I get custody of her unborn child?

My aunt is raising and taking care of her other child but is not in the health to raise another. We want to keep the baby in the family but we don't want to wait for my cousin to mess up and land back in jail before I get the baby. Is there a way with her drug use and prior convictions that... View More

Neil Colman
Neil Colman
answered on May 28, 2017

You can't

1 Answer | Asked in Child Custody for Michigan on
Q: what happens if the non custodial parent gives only a week notice on new address? What are my options?

Our court papers state a 30 day notice is required for a move

Neil Colman
Neil Colman
answered on May 22, 2017

The question is what harm has been caused by giving only a week's notice? Does it have to do with parenting time? Was the move out of state and, if so, was permission to move out of state granted by the court? Was the move more than 100 miles from the residence of the minor child(ren)? How... View More

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