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Michigan Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: I had full custody of my daughter I am giving full custody to her momShe owes me $4000 in back pay

Now I have to pay child support

How does that work

We have a hearing on august 15th

How can they make me pay child support when she owes me $4000 in back pay

Brent T. Geers
Brent T. Geers
answered on Aug 3, 2023

There's some variables to consider here, but generally, the back pay (arrearages) do not go away; she would still owe you that amount. You would, however, have your own support obligation.

The reason being is that child support is intended to be contemporary, reflecting what is...
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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Can I sue the state of Michigan?

They didn't follow due process.

Brent T. Geers
Brent T. Geers
answered on Jul 24, 2023

You certainly can. Many have tried; few have succeeded. I would suggest you contact a local attorney familiar with the court and type of law you are involved in before proceeding to be sure you are not misunderstanding something.

1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on
Q: if one party has a lawyer wouldn't the lawyers namme and number be on all court paperwork?
Brent T. Geers
Brent T. Geers
answered on Jul 17, 2023

Yes. That doesn't necessarily mean they are not working with a lawyer; it just means that an attorney hasn't officially entered an appearance with the court and so to the court, the person is unrepresented.

1 Answer | Asked in Family Law, Adoption, Child Custody and Probate for Michigan on
Q: Are there any Supervised Visitation places that supervise visits out in the community?

I currently have supervised visits with my child out in the community, currently that visits are being supervised by the person who has the Guardianship of my child. It is not working out, the person lies in court about my visits says nothing but negative things about my visit that are not true all... View More

Brent T. Geers
Brent T. Geers
answered on Jun 22, 2023

Great question. To my knowledge, all supervision agencies would require on-site visits for liability reasons (they don't want their employees out some place they can't really control and in what could be a volatile situation). While not ideal (it costs time, money, and let's face it:... View More

1 Answer | Asked in Domestic Violence, Child Custody and Family Law for Michigan on
Q: After being abused reporting to the police and an arrest is made who is responsible for the children?

Can the abuser dictate where the kids go?

Brent T. Geers
Brent T. Geers
answered on Jun 9, 2023

In all cases where children are involved, whether as victims or witnesses, the police would contact Child Protective Services (CPS). That agency is responsible for the investigation, removal, and possibly placement of children in abusive or neglectful situations.

If a parent is arrested...
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1 Answer | Asked in Child Custody for Michigan on
Q: Michigan Parental child abandonment how long does a parent have to not contact a child before i can start this process
Brent T. Geers
Brent T. Geers
answered on May 23, 2023

Very much case dependent, but generally two years. Abandonment includes no child support; if the person is paying or providing support, you're going to have a hard time proving abandonment.

1 Answer | Asked in Child Custody, Divorce and Family Law for Michigan on
Q: what kind of lawyer would be best able to find and request custody documents from a divorce done back in the 1980s?

My father passed recently and I've come to find that he's not listed on my birth certificate. I need to prove my status as next of kin. I have gone through all Vital Records and public records for the courts (county and probate), for the county I was born in and the county I lived in and... View More

Brent T. Geers
Brent T. Geers
answered on May 11, 2023

You don't necessarily need a lawyer for this, but where you'll probably want to look is the circuit court in the county your parents were divorced in. Ask for a copy of the "judgement of divorce".

Not to be funny or imply anything untoward, but I've seen it happen...
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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My x who is in prison has subpoena my children 1 is his the other not and is an adult do they have 2 testify in Michigan
Brent T. Geers
Brent T. Geers
answered on Apr 18, 2023

I can only assume your ex is doing this without an attorney, otherwise I'd be loath to explain the subpoena to a judge....

I suggest you retain an attorney. There are likely procedures your ex is not following that can be exploited to your benefit.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: In a custody case does child have to testify if one parent subpoenas them
Brent T. Geers
Brent T. Geers
answered on Mar 20, 2023

No. And in fact, the court conducts in camera interviews with children in custody disputes; they do not testify in open court.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Can a supervisor pos as a caseworker just to get your children taken away when three attempts were already made by three

Three different caseworkers and unsuccessful found out that one of them even admitted that she tampered with my drug screen and now this one was acting as if she was my friend and telling me that she was going to tell the judge I was doing everything right then I was supposed to go to a meeting... View More

Brent T. Geers
Brent T. Geers
answered on Mar 1, 2023

Her being a supervisor is not your issue. You need to focus on addressing the allegations.

1 Answer | Asked in Immigration Law, Child Custody and Family Law for Michigan on
Q: Hi I been married to my Indian husband who is a green card holder for 4 years we have a 2 year old son recently he's

Been threatening to take my son away and leave with him to India so his parents can raise him. My son has never met them people yet my question is IS THIS POSSIBLE CAN YOU TAKE MY SON WITHOUT MY

PERMISSION? 2nd question is IF I DIVORCE HIM WILL HE HAVE TO GIVE ME SPOUSAL SUPPORT &CHILD... View More

James L. Arrasmith
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answered on Feb 25, 2023

It is not legal for your husband to take your son without your permission. As a parent, you have the legal right to make decisions regarding your child's custody, care, and control. If your husband takes your son without your consent, it could be considered parental kidnapping, which is a... View More

1 Answer | Asked in Immigration Law and Child Custody for Michigan on
Q: Hi I been married to my Indian husband who is a green card holder for 4 years we have a 2 year old son recently he's

Been threatening to take my son away and leave with him to India so his parents can raise him. My son has never met them people yet my question is IS THIS POSSIBLE CAN YOU TAKE MY SON WITHOUT MY

PERMISSION? 2nd question is IF I DIVORCE HIM WILL HE HAVE TO GIVE ME SPOUSAL SUPPORT &CHILD... View More

James L. Arrasmith
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answered on Feb 26, 2023

I'm sorry to hear that you're going through such a difficult situation. To answer your first question, it is not legal for your husband to take your son without your permission. If he does so, it could be considered parental kidnapping, which is a serious offense. You have the right to... View More

1 Answer | Asked in Immigration Law and Child Custody for Michigan on
Q: Hi I been married to my Indian husband who is a green card holder for 4 years we have a 2 year old son recently he's

Been threatening to take my son away and leave with him to India so his parents can raise him. My son has never met them people yet my question is IS THIS POSSIBLE CAN YOU TAKE MY SON WITHOUT MY

PERMISSION? 2nd question is IF I DIVORCE HIM WILL HE HAVE TO GIVE ME SPOUSAL SUPPORT &CHILD... View More

James L. Arrasmith
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answered on Mar 2, 2023

I'm sorry to hear about the difficult situation you are facing. Here are some answers to your questions:

In general, a parent cannot take a child out of the country without the other parent's permission or a court order. If your husband were to take your son to India without your...
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1 Answer | Asked in Divorce, Immigration Law, Child Custody and Child Support for Michigan on
Q: Hi I been married to my Indian husband who is a green card holder for 4 years we have a 2 year old son recently he’s

Been threatening to take my son away and leave with him to India so his parents can raise him. My son has never met them people yet my question is IS THIS POSSIBLE CAN YOU TAKE MY SON WITHOUT MY PERMISSION? 2nd question is IF I DIVORCE HIM WILL HE HAVE TO GIVE ME SPOUSAL SUPPORT &CHILD SUPPORT?... View More

James L. Arrasmith
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answered on Feb 26, 2023

I'm sorry to hear about the difficult situation you are facing. To answer your questions:

Generally, a parent cannot take a child out of the country without the other parent's permission, especially if there is a custody agreement in place. If your husband takes your son to India...
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1 Answer | Asked in Immigration Law, Divorce, Child Custody and Child Support for Michigan on
Q: Hi, I’ve been married to my Indian husband green card holderfor 4years we have a 2 year old son together, recently

He’s Been threatening to take my son to India for his family can raise him,I now think he used me for a green card can he get deported if we divorce??my question is Is this possible for him to steal my son without my permission? 2nd question is If i divorce him will he have to give me spousal... View More

James L. Arrasmith
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answered on Feb 26, 2023

I'm sorry to hear about the difficulties you're facing. To answer your first question, if both parents have legal custody of a child, it is generally not permissible for one parent to take the child out of the country without the other parent's permission. If your husband were to... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My ex wife has sole custody but i have the kids about 40% of the time.

My ex wife has sole custody but i have the kids about 40% of the time. She is leaving the country for 2 weeks and plans to leave the kids with her mom during her parenting time. I am not comfortable with this and I would like to know my options. The kids already mentioned that they will be sleeping... View More

Brent T. Geers
Brent T. Geers
answered on Feb 11, 2023

You can file a motion to address this parenting time situation or file a motion for a change of custody.

Just know that with her having sole custody, it's you that needs to do the pulling and pushing here to make change.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: How do I get my kids back after I went to jail an lost them
Brent T. Geers
Brent T. Geers
answered on Feb 5, 2023

Too broad of question to answer effectively. Did you go to jail, prison, or both? How long? Were your parental rights terminated, or was custody just changed to the other parent?

If your parental rights were not terminated, you have an uphill climb, but you'll want to work with an...
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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My son and his ex are having issues about their daughters Dr. The mother agreed to a pediatrician and 4 months later cal

Called the Dr and cancelled her appointments already scheduled and said she wanted everything transferred to the mother's family Dr. He obviously says no but she is doing it anyway. They have joint legal custody. Can she be seen by both of the Drs since this will never get resolved unless he... View More

Brent T. Geers
Brent T. Geers
answered on Feb 4, 2023

Your son has the same rights as the mother. Both parents should be informed of all doctors appointments. When it comes to contrary forms of treatment, that's when things get hairy. Ultimately, a motion may need to be filed so the court can order a particular doctor, or in extreme cases, one... View More

1 Answer | Asked in Child Custody and Divorce for Michigan on
Q: Filing a uniform child custody jurisdiction enforcement act affidavit, what do I have to provide

I want to ask for a temporary order to have legal custody until the divorce is finalized. What do I have to attach to the document?

Brent T. Geers
Brent T. Geers
answered on Feb 2, 2023

Download a copy of MC 416 from the State Court Administrator's Office website. That will tell you all the information you need to submit.

1 Answer | Asked in Child Custody for Michigan on
Q: Can I sue my attorney for not doing anything on my behalf in my child custody case which resulted in lost of custody?

My sons father took me back to court over child custody. We were never married I had full custody. Him and his lawyer knowingly and deliberately lied in court. My attorney never called a witness that I suggested to him or presented evidence that I had given him or told him he could obtain that... View More

Brent T. Geers
Brent T. Geers
answered on Feb 2, 2023

Best advice would be to contact another family law attorney to review everything. You could certainly talk with a malpractice attorney, but some of what you write concerns trial strategy, which is difficult to show malpractice.

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