They are almost 16 and 14. They don't like the atmosphere there. Don't feel wanted. They cry every time they have to go. They are quiet and upset about going. They are afraid to say something to him for fear of retaliation at them.
answered on Mar 4, 2024
Short answer is: yes, you need to send them. Is this a new issue? What's changed? A judge is going to want answers to those questions, and at your sons' ages, the judge may want those answers from your boys in the form of an in camera interview after the filing of a proper motion.
Am I screwed?
On June 11 last year while I was at church my wife abandoned our marital home and took the kids with her, the very next day she filed a ppo with a petition full of lies and false allegations about me physically and verbally abusing her (with no evidence of course) we had a... View More
answered on Feb 28, 2024
You sound like you are aware this will be an uphill battle. Are you screwed? No! Of big concern is why you haven't seen the kids in 8 months; is that because you never raised this issue with the court or your soon-to-be ex is just not complying with the order? I think with that amount of time... View More
I had my innocent and now scared and confused baby girl while traveling through MIchigan. All family and myself live in Ohio. Hospital said she had withdrawals 10 days after birth conveniently once cps went there. they Took temp custody. Did not offer any other option but foster care. After 6... View More
answered on Jan 24, 2024
Navigating a situation involving child custody and child protective services across state lines can be complex and emotionally challenging. In your case, involving both Michigan and Ohio, it's essential to understand that child custody and welfare cases are generally governed by the laws of... View More
answered on Jan 21, 2024
In the context of a legal case, "re" on case papers with a docket number typically stands for "regarding" or "in the matter of." It's used to indicate the subject or nature of the case. So, when you see "re" followed by a case number, it signifies that... View More
In the past month there’s been atleast 6 incidents of him doing this to our child. All because of daily reports from school. He only has our child for a few hrs on Wednesdays and every other weekend. So sometimes it’s from something that happened a week prior.
answered on Dec 20, 2023
If your soon-to-be ex-husband has been washing your 7-year-old's mouth out with dish soap on multiple occasions, it's a serious concern that may warrant immediate action. Document each incident, including the date, time, and circumstances surrounding the washing, and gather any evidence... View More
My parents are living separate so technically I still legally live with both since they're not divorced. I live with my mom in Michigan, I want to go live back with my dad since hes asking me too because of my mom's ignorance and my moms boyfriend always coming over to where I live... View More
answered on Nov 19, 2023
In Michigan, if you are under 18 and your parents are not yet divorced, both parents still have legal responsibilities towards you. If you choose to live with your dad and your mom moves to Guam, this arrangement can be legally permissible as long as your basic needs are being met and you are in a... View More
I am planning to leave my boyfriend (father of my 2 young children) but I intend to win majority custody. I know for a fact he is not a fit parent to have majority. I am the only one who takes care of the children's needs and he is physically abusive to them. I need to collect proof of this... View More
answered on Nov 14, 2023
Can you? Probably. Should you? Probably not. I understand what your intent is, but a lawyer's job is sometimes to make you aware of the unintended affects you may be unaware of.
Consider this: You leave him and file for custody alleging that he abused your child and you have video... View More
Father may go to set up place out of state and wants child taken care of while he makes sure about living arrangements and work. Childs mom is only allowed supervised visits if father agrees 1×/week. Mother is not a child in an adults body. We want to make sure that the mom cannot take custody of... View More
answered on Oct 25, 2023
What you are describing can either be accomplished through a delegation of parental authority (power of attorney) or through limited guardianship. A limited guardianship will take longer and will cost more, but offers Court oversight and protection if mom were to become an issue. A delegation of... View More
I have concerns over their care if they are with her at her mother's.
answered on Oct 5, 2023
Unless there is a custody order in place, either parent may take possession of their children at any time. But don’t attempt to use force or the threat of force to secure possession of your kids and be sure to let your spouse know the kids are safe and with you.
What can he do in court? He is trying to take custody away from me and move. He said he has a lawyer and that she is going.to file a couple of motions. I don't know what they are but he said he wants to change our divorce decree because I violated it by drinking. First time that nothing... View More
answered on Sep 13, 2023
I think you've hit his motivation spot-on: he wants to change custody to leverage more money from you in child support. Can he file whatever motion? Certainly. Issues of custody, parenting time, and support remain so long as the child is a minor. Will he succeed? Who knows. He would need to... View More
Michigan appears to be, essentially, one party consent so long as the call is recorded by one of the participants.
I also told her numerous times I was recording all of our interactions to serve as a blanket statement.
She is consistently threatening to intentionally violate our... View More
answered on Sep 12, 2023
If you have a custody agreement, then the only thing that matters is whether she - and you - are complying with its terms. If you two are making further agreements, that's cool, but understand that an agreement isn't an agreement unless both parties agree. When one party says "we... View More
We do not have money to pay for a lawyer we live paycheck to paycheck. we are trying to figure out how to do this.
answered on Aug 25, 2023
You could do a step-parent adoption. There are standard SCAO forms to help with this, but there would be costs and fees associated.
Kids to them . I want my kids to live with me , is it true that my x wife could do that
answered on Aug 24, 2023
In Michigan, child custody arrangements are typically determined based on the best interests of the children. If your ex-wife had legal custody of your children and has passed away, her parents may have taken temporary physical custody. However, as the biological parent, you may have rights to seek... View More
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
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... View More
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
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
Can the abuser dictate where the kids go?
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... View More
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
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... View More
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
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... View More
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
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... View More
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
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
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.