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Michigan Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Can I file to termination non custodial parents rights after 6 months of no contact or visits?

Father started seeing our daughter at 4 years of age, court ordered, after I filed for child support. She is now almost 6 years old and he hasn’t seen her in 6 months now, but he still pays support. He doesn’t seem interested in her well being or her education, until he’s in front of the... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 19, 2021

You may have difficulty terminating his parental rights, but have you thought about a step-parent adoption? Your ex may be inclined to voluntarily terminate his rights (and support obligation) in place of your spouse.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Michigan Verbal CPS Safety Plan legally binding?

A little over a month ago CPS (drug allegations and domestic violence allegations) cohorced me into verbally agreeing to a safery plan, placing my kids with my grandparents. Today I decided enough was enough and went to go get my kids. My grandparents wouldn't let me take them! Can they do... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 19, 2021

I wouldn't worry so much about what your grandparents can or cannot do as I would what CPS will do. You run the risk of CPS filing a petition and requesting removal of the children - potentially into foster care, and exposing you to termination of your parental rights.

Make no mistake:...
Read more »

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: how do i get cps to help me get custody of my kids who are being abused and neglected by their father? I live in MI

My kids are 14 girl, 10 boy, and 8girl. My 14 year old has accused her dad multiple times of sexually abusing her. She has been in at least 10 mental hospitals in 15 months. My other 2 kids are being neglected. They are dirty and smelly. They are solely responsible for all of the cleaning in the... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 27, 2021

CPS is an investigative agency; they are not responsible for making custody determinations - that's up to a judge. Much like the police, CPS starts an investigation based usually on a call. You can make that call; but you also should realize that there are a host of "mandated... Read more »

2 Answers | Asked in Family Law and Child Custody for Michigan on
Q: My daughter allows hew 1 year old daughter to stay with my daughter's ex-boyfriend. He is not the biological or custod

parent. He routinely will not answer his phone and makes up excuses when she tries to pick her daughter up. The police say that he is a parent and they can't do anything. What can my daughter do to claim her daughter without an issue every time she tries to pick her up?

Michael Zamzow
Michael Zamzow answered on Mar 26, 2021

Unfortunately it sounds like your daughter is going to need the services of a family law attorney.

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1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: Cps drug test on 02/24/21 come back positive but I didn't use can I take legal action against the testing company?

I do a mouth swab 3x a week for CPS. I recent had a test come up postive for cocaine but I haven't used nor relapsed since this case opened. When I was notified of the postive test taken on 02/24/21 I went back to the same testing facility & paid for a hair drug screening taken on... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 26, 2021

Unfortunately, there's not much recourse. Your issue is more common than a lot of people realize. Fortunately, a lot of courts are becoming more aware of the issue, and particularly with certain companies, to the point where some courts have changed providers. All you can really do is what you... Read more »

1 Answer | Asked in Child Custody for Michigan on
Q: If my ex husband has passed away do I have to file for full custody in Michigan or is it automatically granted
Brent T. Geers
Brent T. Geers answered on Mar 25, 2021

Assuming you are the natural mother, and have at least joint legal custody, you would not need to file anything as by default, when one parent dies, the other parent has full legal custody. If you don't have legal custody for some reason, there would be other steps you would need to take.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: As the non-custodial parent(I have kids every other weekend) am I required to provide them with a bedroom?
Brent T. Geers
Brent T. Geers answered on Mar 9, 2021

If the kids will be staying overnight, you should. And if you want more parenting time, a bedroom would be essential.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: Im moving out of state and my 17 yr old refuses to go. Do i have to give custody to her father

I am moving out of state next month and my 17 yr old daughter is refusing to move with me. Do i have to give her dad custody or guardianship since he has never really been actively in her life or can i sign guardianship of her to herself?

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

You cannot move out of state with a minor child subject to a Michigan custody order without the court's permission anyway. And at 17 years old, there's not much a court is going to do to make her go with you if she don't want to. If dad is stable, and daughter wants to, then custody... Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My wife's mom took her children while she struggled with drugs. She has been clean for 3 years, and wants her kids back.

5 years ago, her mom took her kids away from her. She started allowing her to visit the kids after she recovered from addiction, but refuses to allow the children to visit her, and her youngest son is not allowed to know that she is his mom. We would like to restore custody of her kids to her and... Read more »

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

Depends of if your wife's parental rights were terminated, or if the children are with grandma under a guardianship. If under a guardianship, your wife can petition the court. If it's a termination, it is unlikely anything can be done.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My daughter came home bitten up and had a allergic reaction to fleas or bed bug bites

They are court ordered to go every Friday to monday.i dont want to send them.I'm scared of going to jail

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

File a motion with the court.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: can the father sign custody over 2 any1 he pleases with out the mothers consent if she is incarcerated he will b soon

dad has warrents mom is in prison im maternal gma what can i do 2 get them do i have rights

Brent T. Geers
Brent T. Geers answered on Mar 3, 2021

You - or more accurately, the parents of these kids are in a pickle. Assuming Dad has established legal custody, he and the mother could consent to you being the guardian. That actually might be a really good idea for both of them, because if Dad goes to jail or prison, and Mom is already locked... Read more »

1 Answer | Asked in Criminal Law and Child Custody for Michigan on
Q: I lost my parental rights to my 3 children in 2018 and want to get them back. I also have an old warrant to take care of

My youngest is in foster care and his father is deceased. I want to fight to get him out. I can prove that I have everything I need to take care of him and have been sober for over 2 years. My two oldest are doing great with their dad and I’m able to speak to them but I’m beyond upset about my... Read more »

Brent T. Geers
Brent T. Geers answered on Feb 17, 2021

You will likely need two different lawyers because your issues are with two completely separate areas of the law. Your warrant is the easier of the two to deal with, and you can start by contacting a criminal attorney in the area where your warrant is from. Your parental rights issue is far more... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: My son's child support order says parenting time is reserved. What exactly does that mean? From state of Michigan.

He has joint legal custody also

Brent T. Geers
Brent T. Geers answered on Feb 11, 2021

Is it parenting time or child support that is reserved? Ordinarily, it would be the child support. Regardless, that language means that either party or the court can revisit that decision.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Can my kids mother move out of state with my kids

My kids mother is wanting to move to Georgia and we currently live in michigan. We split up over a year ago and have been doing 50 50 custody with out haveing friend of the court involved. Can she move with my kids legally?

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

Unless you have been determined to be the legal father, and a custody determination has been made (which would require court involvement), then yes, she can move.

Herein lies the rub with trying to do things outside of court: you can't expect the court to enforce or protect something...
Read more »

1 Answer | Asked in Family Law, Child Custody and Probate for Michigan on
Q: 1f a 15 1/2-year-old no longers wants to be homeschooled can this be enforced?

The parents are not together, homeschooling was previously agreed upon in cour documents, however, now there is no schedule for homeschooling, the books are grade behind and/or missing, there is no set curiculem. Days are missed to accommodate custodial/step parents schedule. The child would like... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Feb 6, 2021

The order CAN be enforced.

To do this 'right' you need to have the order changed, and from your description there is ample reason to ask for that, and if true, the Court would most likely agree and allow the modification.

DO NOT try to do this alone however, as the...
Read more »

1 Answer | Asked in Child Custody and Education Law for Michigan on
Q: Michigan- Can the school refuse my request to withdraw my children to homeschool due to joint custody? Father disagrees.

Father disgarees. School continues to mark them absent I am now charged with truancy. School states due to joint custody I need his approval first.

Brent T. Geers
Brent T. Geers answered on Feb 1, 2021

Assuming you mean joint legal custody, then yes, you would need the father's consent to any major education changes. Have you discussed this with him? If not, and if in fact you are charged with truancy, you run the risk of being on the wrong end of a custody change.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: What is a normal schedule for parenting time that a judge would give for the mother

The schedule that the judge gave me now is alot of back and forth with the father.

Brent T. Geers
Brent T. Geers answered on Feb 1, 2021

Judges make decisions based on the best interest of the child; there is no "normal" parenting time schedule because every situation is different. That said, the intent is to create an equitable (not necessarily equal) parenting time arrangement. And with young children, the thought is... Read more »

1 Answer | Asked in Tax Law, Child Custody, Child Support and Gov & Administrative Law for Michigan on
Q: I'm on disability and do not have taxes to file. How do I get the child stimulus money if the dad received it already?

The father claims our 1 child the past few years due to my disability and no taxes to file. I've never signed an 8332 tax form for him to claim the child. We never married either. We do not have any agreement through court for who claims our child on taxes. I read that the custodial parent is... Read more »

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

You will likely need to file a motion in court to get any money back. Here's the thing: the IRS doesn't know what the custody status is of any particular child. They do match social security numbers, and that's how they catch people fraudulently claiming dependents: two people claim... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Michigan on
Q: My ex is pregnant again with her spouse but is requesting a review increase on the child support I pay. What can I do?

My ex and I share joint custody of our kids. I pay child support because she is on disability and her income is lower. She has been married for over 6 years, had surgery to untie her tubes, and is pregnant with their second kid. She just requested child support for our kids be reviewed and... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Dec 31, 2020

Child support is determined on the basis of the ability to pay for both parents. The standard for modification is often a substantial and continuing” change, which can be caused by a change to either parent’s situation or both. As the last order appears to have been several years ago, it is... Read more »

1 Answer | Asked in Child Custody for Michigan on
Q: my ex husband passed away and now his brother wants the child and sign off custody is there a way to give some guardian

I do not want to sign off on my child

Brent T. Geers
Brent T. Geers answered on Dec 28, 2020

Not sure what's going on here. Do you have legal custody of the child? If so, then you now have sole legal custody; full stop. If the child currently resides with the brother, he may petition for guardianship....but if you are the child's mother, and your legal parental rights have not... Read more »

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