Lawyers, Answer Questions  & Get Points Log In
Michigan Child Custody Questions & Answers
1 Answer | Asked in Divorce, Child Custody, Child Support and Domestic Violence for Michigan on
Q: I need a good divorce lawyer but looking for a Pro bono one, I'm disabled and have no income.

My husband controls all financial decisions in our lives. I'm also in poor health I can't drive so that's a problem when meeting lawyers or paperwork I need, husband thinks it's funny.

Brent T. Geers
Brent T. Geers answered on Oct 4, 2021

Contact your county's legal aid office. Your chances of finding an attorney outside of legal aid to take on a divorce case pro bono is slim to none.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: I recently found out I had a son I had no idea about who resides in foster

Another man took a legal parentage of him who also isn’t around absent with the mother how can I go about getting my son

Brent T. Geers
Brent T. Geers answered on Sep 29, 2021

You will need to proceed to establish paternity. You will need an attorney because it is a complicated area of law.

1 Answer | Asked in Child Custody for Michigan on
Q: Applying for emergency custody of children

I have a friend who was in a relationship, the gf went to work on the 10th and since hasn’t returned home, she has 3 kids, and has left the two youngest home with my friend since, they have since broken up, and the gf still refuses to come get her children from my friend who is not a legal parent... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 24, 2021

That's a tough situation. What does he want to do? He may need to call CPS, who will take custody of the kids and initiate action on the mother (and father). If he wants to keep them, he could consider petitioning for guardianship.

1 Answer | Asked in Child Custody for Michigan on
Q: Can a grandparent in Wisconsin take me to court for grandparent rights if I and my child reside in Michigan

My child’s father passed away and I moved to Michigan about 7 months after . There was no current grandparent rights established after his passing , however I am wondering if the other grandparent who lives in Wisconsin can legally take me to court if I live in Michigan . I had a current... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 24, 2021

She would have a tough, if not impossible, road. Generally, grandparents have very limited "rights" as it is, and carry the burden of showing to a court that it's actually contrary to the children's best interests not to have grandparenting time - a tough sell.

Can she...
Read more »

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: My son in law moved from Alabama 3 years ago and has a 4 year old son, whom the mother is insisting he abandoned him.

He speaks to his son 3 to 4 times a month but she is pushing for a ridiculous amount of child support but in order for him to spend time with his dad, he has to drive to Alabama. If he is paying child support of anything before court ordered, does she has the right to demand he cannot spend the... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 23, 2021

You, or he, should consult an attorney in Alabama. Generally, though, parenting time is not contingent on child support. You don't get to spend time with a child just because you pay child support anymore than you can be denied spending time because you don't pay. But your son in law... Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My daughter is currently 12 years of age and does not want to go to her fathers home during the week days.

she claims it is to difficult to attend school, however her father lives 45 minutes away from the school.

Brent T. Geers
Brent T. Geers answered on Sep 20, 2021

You may need to file a parenting time motion and bring this issue before the judge to decide. Neither you nor your daughter can unilaterally change the order.

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Michigan on
Q: The question is long so its in more info plz help

If my ex and i presumably have a child, and she was married had the husband sign the birth certificate with out my knowledge, and ive been sending money to help support and I find out the child is is not mine would I be able to sue to get money that I sent for presumed child if i have records ?

Brent T. Geers
Brent T. Geers answered on Sep 15, 2021

Doubtful. It sounds like at this point you are sending her money out of the goodness of your heart and not pursuant to any order - in other words, the money you gave could be considered a gift. The law presumes that each party performs due diligence, and it doesn't sound like you took any... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Michigan on
Q: Should I file motion for custody or parenting time? What should my briefing show?

My ex falsely accused me of DV the night I escaped. I kept silent and plead guilty because he continued threatening me and because the only witness that could verify was my daughter. I couldnt put her through that. A few months later during divorce, he got sole custody. Ten months ago, he was... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 8, 2021

File for custody.

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: What are a father's rights while separated with only verbal agreement on visitation
Brent T. Geers
Brent T. Geers answered on Aug 26, 2021

Depends on if you are married. If not married, then the father needs to establish paternity before any parenting time or custody will be ordered or enforced.

1 Answer | Asked in Criminal Law, Divorce and Child Custody for Michigan on
Q: I was picking up my sister for my dad and my mom called the cops on me for trespassing.

I have kind of a complicated situation. My dad asked me to pick up my sister for him from my mom's house. My mom is not a fan of me or my dad. Her and her husband came out and started screaming at me that I was not welcome and to get off their driveway while leaning into my car. I asked if I... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 21, 2021

Likely, they were blowing smoke. But in the future, you need to tell your dad that unless he is able to get an agreement or a court order authorizing you to pick up your sister from mom for parenting time, he needs to do it. Obviously it's a volatile situation, and you shouldn't be placed... Read more »

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: The mother of my child Is very uncooperative

The mother of my son name is Cassandra, she has 2 children David is her oldest son he is 6 now. The child we have together is 2 years old now, His name is Liam. Cassandra and I was in the room talking December 2018, with the door open and David was In the living room playing with his toys. He never... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 21, 2021

It's unnecessary an inappropriate to mention full names on a public forum like that. But it sounds like you may need to file a motion with the court where the mother and children live. Since you are the father to only the two year old, that's the only child the court can consider.... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Michigan on
Q: I had voluntarily signed my rights off of my kids. I'm now married and pregnant. Am I able to keep this one?

I had voluntarily signed my rights off of my 4 children back in March 2021 after fighting with DHS for 2 years. I'm now pregnant, due December 2021), and married a different guy (not my other kids dad) and was unsure of if I'm able to keep this baby after he is born? I wasn't sure of... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 8, 2021

You can. But expect CPS to pay you a visit at the hospital or soon thereafter. There are some advantages to you in this situation because you voluntarily terminated. And that you have a different partner and apparently made some strides in your life further increases the likelihood that you can... Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: When Should I get a temporary restaining order

My fiance has suddenly took off with the kids and has been gone without contact with me for 24 hours the last thing she said was that she was at her parents and that they're safe how long should I wait until I get a temporary restraining order to get my kids back.

Brent T. Geers
Brent T. Geers answered on Aug 5, 2021

You may be looking at an ex parte motion situation, which by its nature should be done sooner rather than later.

1 Answer | Asked in Divorce, Child Custody and Child Support for Michigan on
Q: I've had my son living with me fir 4 months now and i want custody she has no job no home no way yo take care of him
Brent T. Geers
Brent T. Geers answered on Jul 22, 2021

You should file a motion for a change of custody.

1 Answer | Asked in Adoption, Child Custody and Family Law for Michigan on
Q: What are the penalties for allowing adopted child who is out of control go stay with biological mother in another state.

Family related adoption but biological mother parental rights were terminated.

Brent T. Geers
Brent T. Geers answered on Jul 16, 2021

I'm not sure there would be any penalties. Typically, an adoption from a termination case ends that court's involvement and vests full parental rights on the adopting person. They are then free to pass on that authority in any legal way - common examples would be through a parental power... Read more »

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Native American Law for Michigan on
Q: Requesting parenting time because of a move ahead of us and changing my child's residence?

court-ordered to stay in the county unless other parent okays it

we both have legal and joint custody

parenting time is currently not court specified as we live together but don't couple.

Brent T. Geers
Brent T. Geers answered on Jul 7, 2021

You will likely need to file a motion with the court if there is no agreement. If the child is in school, the staying parent will likely be granted primary physical custody.

1 Answer | Asked in Family Law, Child Custody, Child Support and Communications Law for Michigan on
Q: A girl I hooked up with may be pregnant, she won’t involve me or tell me if she is pregnant. What can I do?

I am a 23 year old EMT and she is a 39 year old ER nurse. Despite my effort she will not confirm with me if she is pregnant. She only tells me that she is “handling it”.

Brent T. Geers
Brent T. Geers answered on Jun 24, 2021

Why do you think she is pregnant? And if she is, why do you think it's by you? There is a process to establish paternity before birth, but you'd need a whole lot more than a feeling she is pregnant. And she would otherwise be able to "handle it" as she sees fit anyway.

1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on
Q: Can two first cousins marry in Michigan?

I have a case where 2 first cousins faked a wedding, represented themselves as husband and wife, this also included to CPS and the family court in Michigan. Years later they obtained a marriage license from Virginia and now are promoting that no laws were violated since they did not legally marry... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 21, 2021

Not sure what you're looking for. Marriage is a civil matter; if the marriage is invalid under Michigan law - which you are right, marriage between first cousins would be - then it would be voidable, not illegal in the criminal sense. And generally, Michigan will recognize a marriage made in... Read more »

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: In Michigan I’m delinquent on my child support payments does that affect the court ordered visitation agreement?
Brent T. Geers
Brent T. Geers answered on Jun 21, 2021

No; child support and parenting time are different. You don't get or be denied parenting time due to child support obligations.

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: Do I need a lawyer to file for emergency full custody of my son? My sons father has an open dv case against me

He is battling mental health issues and knows the only way to hurt me is to take my son. I am worried for him to be alone with my son. He does not help financially at all and uses it to threaten me to give him my son if I need help.

Brent T. Geers
Brent T. Geers answered on Jun 9, 2021

Yes, you need a lawyer, especially if you are seeking full custody, and on an emergency basis at that. It is unclear by your question which of you is the alleged perpetrator.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.