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Michigan Child Custody Questions & Answers
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... Read 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...
Read 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... Read 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...
Read more »

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?... Read 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...
Read more »

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... Read 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... Read 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... Read 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... Read more »

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... Read 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... Read more »

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...
Read more »

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... Read 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... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: Can foc keep my fiancé son away from me not letting him get over nights over false accusations?

At the time i was just his girlfriend and his sons monther started a bunch of drama and i retaliated in text so then she accused me of hitting her son and she told them how me and his father were always fighting and breaking up they believed her. The text she showed in court where only of my... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 16, 2023

"They" are not doing anything. The child's mother made an accusation that FOC substantiated, creating this order. You being engaged does nothing; being married might help. But your relationship status has nothing to do with what the judge will find pertinent to changing this.... Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Is there a law which seperates the jurisdiction or ruling on individual custody cases?

I am currently seeking sole legal custody of my son and I dont have legal custody of my daughter. They don't share the same father. I currently have joint legal custody of my son.

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

There is no rule on that but you definitely have two different cases, even if it may be with the same judge, and so the holding on one case shouldn't necessarily affect the holding on the other. In other words, it's certainly possible - and happens - for a parent to have custody of one... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: Lying in court

My girlfriend may be about to start a custody battle with her kids’ father. He is most likely going to try to get 50/50 custody. He is $5000 behind on child support. He has no drivers license, yet still drives with the children. He will try to lie and say things are different than they are. He... Read more »

Brent T. Geers
Brent T. Geers
answered on Dec 13, 2022

Sure is! Respond, appropriately, to his allegations. If he's filing, you will receive his allegations in writing; you may file a written response to them. In court, you will also have an opportunity to respond to any allegations made.

The judge's job is to assess credibility. Some...
Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: can a parent get custody if they don't have a job?

my girlfriend has two children. right now, the arrangement is that she has the kids Monday to Friday, they go with their dad Friday night till Sunday night. he is about $5,000 behind on child support. his driver's license is suspended (he still drives even with the children). he says he... Read more »

Brent T. Geers
Brent T. Geers
answered on Dec 12, 2022

Whether he has a leg to stand on is to be determined. The person asking for a change has the burden to prove it. From what you describe, I'm not seeing much reason to change this. That does not mean he won't try.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: I share custody with the father of my child. I want to enroll her in school, but in my district, he wants his. ?happens?

I share 50/50 legal and physical custody. My ex lives 40 minutes away from my home. I have lived in my school district and raised my daughters there for the past 16 years, now its my three year old turn to start kindergarten, but he will not agree to my school district. Instead, he is proposing we... Read more »

Brent T. Geers
Brent T. Geers
answered on Dec 12, 2022

Best solution would be to get ahead of this and file a motion with the court to determine. I think you are in pretty good shape having had kids already in the district, and you actually living there. I don't see a court ordering a school district that neither of you live in.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Michigan on
Q: What is a red flag 2 a judge/ref w/case of CPS/criminal histories? Do other agencies investigate & report back?
Brent T. Geers
Brent T. Geers
answered on Oct 28, 2022

A CPS history will always raise a red flag. Criminal histories? Possibly, and depends on when and what happened.

A judge's concern is always the best interests of the child, and will interpret any CPS or criminal history with that in mind. It's not uncommon for BOTH parents to...
Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Will judges/ref look @ & really consider proofs of texts/pic’s of “parent” lying/denying visits/making excuses?

No established custody yet, (new case in court) parent holding twins finds any & every excuse & lie to avoid parenting time & makes threats if others voice opinions on social media also changes what’s allowed at PT. Ref did not say it was supervised but they are saying no other way... Read more »

Brent T. Geers
Brent T. Geers
answered on Oct 28, 2022

Possibly. But as I'm sure you know, nothing is going to happen unless and until a judge hears these issues and makes an order that can be enforced. Until then, your daily calls and messages to the other parent will likely continue to be ignored, and could actually backfire on you.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Michigan on
Q: If a referee says…. gonna check in2 CPS & criminal investigations do they contact previous ppl associated w/case history

Do they contact family or fosters… previous witnesses if a story doesn’t match?

Brent T. Geers
Brent T. Geers
answered on Oct 18, 2022

More likely, referee will simply review the CPS and criminal investigation reports, and may contact those agencies for a status update. Judges and referees are not police or investigators so they are not going to be contacting witnesses directly.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Hi I have sole physical custody parties have joint legal custody there's 0 over nights unless parties agree

Do I have to let him see his son? Is one question or can I tell him to take it court? He's been threatening court for 7years my son has been with me 7 years never left my side he's home schooled. The father smokes weed 24/7 found out he's been taking subtonin I forgot how to spell it... Read more »

Brent T. Geers
Brent T. Geers
answered on Oct 13, 2022

You can certainly tell him to take you to court. If what you're saying about him is true, there sounds like quite a bit of stuff he should work on before spending time and money going to court, but I suppose that's his decision.

Just know, though, that many judges don't look...
Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My daughter is 12 she’ll be 13 in three months She don’t want to go to her dad house so I have to make her go

I am waiting on a court date to modify parenting and I am asking to modify parenting time because my daughter doesn’t want to go over her dad house all the time and she doesn’t like how he’s been treating her or the things he have said about me to her I hate having to make her go and here... Read more »

Brent T. Geers
Brent T. Geers
answered on Oct 1, 2022

You are doing the right thing by filing the motion. Perhaps there is something negative going on that your daughter is afraid of disclosing. Still, your duty is to comply with the parenting time order and continue facilitating her relationship with her father. Typically in these situations with a... Read more »

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: I currently have my children every other weekend and one weekday every week and have joint custody, The father just died

Long story short my exhusband lived with his parents so they helped raised my 2 boys for the last 10yrs of their life They decided to withhold this info from me because they did not want my boys to come to my house permanently since their father is not alive Another family member thought it was not... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 25, 2022

The police are right: this is a family court matter that needs to be addressed there. If you do not have legal custody of the children, it's possible that with the father dead, the grandparents would become guardians. And even if you have shared legal custody, the best interest of the child... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on
Q: Moving to another state to file divorce?

I am currently in a terrible marriage and would like to get divorced (living in MI) but i have no where to go or any financial support other than my family who lives in UT, my plan is to move to UT with my child and file for divorce, is there a certain way i should start this process?

Kyle J. Bristow
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Kyle J. Bristow
answered on Sep 21, 2022

You should immediately and privately consult with a lawyer in Utah to inquire about the state’s requirements to file for divorce. Many states have a waiting period for new residents before someone can file for divorce. Also, if your spouse has no connection to Utah, then an Utah court would not... Read more »

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