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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 a motion for custody within the child's home state, but from a different county within that state?

I live in central Ohio, my ex lives in northern Michigan with my children. I would like to file the custody motion from a different county in Michigan so that me and my ex both travel the same distance. Otherwise, I have to travel 8 hours one way and he only travels 15 minutes. I end up having to... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 7, 2019

No. Venue - or the proper court to file - typically depends on what county the child resides in. There are some other factors that help determine venue. But you certainly cannot file in a county just because it happens to be a halfway point, as that court would have no jurisdiction.

A...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: Through home paternity test I learned that my son (17) is not mine. I have full custody as bio mom lives in another

State and does not pay any required child support. Is there any legal action I should consider taking.

Brent T. Geers
Brent T. Geers answered on Dec 7, 2019

Not really. The Revocation of Paternity Act essentially has a 3 year time bar. At 17 years old, your case is well beyond that. And with you having full custody, I would imagine even if some form of relief were possible to get in front of a judge, a court would find that it's in the child's best... Read more »

1 Answer | Asked in Child Custody for Michigan on
Q: If I voluntarily gave custody to fictive grandparents, can I get custody back of my daughter without going to court?

Last year I gave custody of my daughter to fictive grandparents due to health care reasons. There is a custody order. I am now wanting to get custody back, am I able to without going to court? What first steps should I take?

Brent T. Geers
Brent T. Geers answered on Dec 5, 2019

You will need to go to court even if these grandparents agree.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: How long do I have to ask my son's father if he will be taking him for his court ordered parenting time?

I was granted full physical and legal custody of my son. We agreed that my son's father would have supervised visits for 2 hours every Friday. The first visit I was supposed to drop him off then he would pick him up from then on. I have contacted him every Friday since to see if I should drop him... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 25, 2019

You can and probably should file a motion with the court asking to modify the parenting time order and cite his missed visits. Until a court says otherwise, you have an obligation to make the child available.

1 Answer | Asked in Child Custody for Michigan on
Q: Not married, domestic violence from father can I get full custody of our children
Brent T. Geers
Brent T. Geers answered on Nov 22, 2019

We'd need a lot more facts to even hazard a guess. Custody is determined by 12 "best interest" factors; domestic violence is part of one factor.

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: in the state of mi can a mother keep the child from the father because child support has not been paid
Brent T. Geers
Brent T. Geers answered on Nov 22, 2019

Absolutely not. Child support does not buy parenting time.

1 Answer | Asked in Child Custody for Michigan on
Q: i have a court date for child custody how do i go around to talk about how he abuse me should i print the text msg?

i also have two police reports should i get that too? he wants joint legal and physical and i want joint legal and sole physical we live in different county, and how do i file my respond complaint?

Brent T. Geers
Brent T. Geers answered on Nov 2, 2019

Police reports would be most helpful, perhaps. But the relevant inquiry is to what extent the child has been exposed to domestic violence, or to what extent either parent can foster a healthy parent relationship between the child and other parent.

1 Answer | Asked in Child Custody for Michigan on
Q: What can I legally do as the childs father?

My child is 12 years of age, her mother and I have joint physical custody. Her mother does not take her parenting time and sends our child to her grandparents house on her weeks. When she does have our child she misses school quite often she also has not reported to the Friend of the Court that she... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 31, 2019

You can find a motion to change parenting time, or possibly custody, particularly with regard to the child missing school while in her care. You will, of course, need to document these concerns - particularly with regard to drugs in the home.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: Can I change my kids last name from my maiden name to my married name. I have soul and legal custody
Brent T. Geers
Brent T. Geers answered on Sep 26, 2019

No, and particularly not if you and your new spouse are not doing a step-parent adoption.

1 Answer | Asked in Child Custody for Michigan on
Q: Can I lose sole custody of my 15-year-old son?

My son moved with me 5 years ago from Michigan to Wisconsin and it was court approved. Since living in WI he has made great friends, plays in sports he never did before, and has great grades in school. Back in December of 2018, my son told an older cousin of his back in Michigan that he wanted to... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 26, 2019

This being in the midst of a school year, I doubt a judge would order a change at this point. However, your son is 15, old enough and hopefully mature enough for a judge to take his opinion seriously. If he wants to move back to Michigan, and can articulate valid reasons (besides "Dad lets me party... Read more »

1 Answer | Asked in Child Custody for Michigan on
Q: How long do I have to wait for a parent pickup for parenting time

My son has every other weekend and Wednesday’s for 3 hours with his dad and his dad has not picked him up one weekend and picked him up on day 2 the next weekend. Can he just pick him up whenever he wants or is there a time limit to him losing his weekend?

Brent T. Geers
Brent T. Geers answered on Sep 26, 2019

You should contact the Friend of the Court in your county, or a local family law attorney who practices regularly in those courts to determine what the local standard is. In a lot of places, 30 minutes is considered a reasonable amount of time to wait around; anything more and you can safely assume... Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: I just had a set of twins just over a month ago, the maconiam came back with just a slight trace of methamphetamin

The cps investagator says i need to do random drugscreens for 90 days and be supervised, i dont think there is a court order or warrant for this. I am not a criminal or felon, can she make me do this legally? I need to speak to a vanburen county lawyer but no money, who do i call? Help please

Brent T. Geers
Brent T. Geers answered on Sep 10, 2019

You do not want to be in a position where a court is ordering you to do this. And best believe that if there is a positive test result from the birth, and CPS is involved, that would be the next thing to happen through the filing of a petition in family court. It sounds like CPS is asking you to do... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: The mother of my 3 year old daughter is trying to take me to court so my daughter will no longer be able to see my

My fiancé is that even possible?

Brent T. Geers
Brent T. Geers answered on Aug 20, 2019

It's possible. Especially if your fiance has any substance abuse or criminal history.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: What can I do about him not being my biological son but I have been there for his whole life.

My ex just did a paternity test for my son and I and it came back I am not his father. I on his birth certificate. I have been there since day 1.

Brent T. Geers
Brent T. Geers answered on Aug 20, 2019

Until there is a legal change in your status, you are the father regardless of what a test indicates. That test could be used as a basis to revoke your paternity, though.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: To obtain power of attorney for my 2 grandchildren, does it go through court? Or can I get form signed and notarized mys

Does it have to go in front of judge. Both parents want to do this.

Brent T. Geers
Brent T. Geers answered on Aug 20, 2019

You may be confusing powers of attorney and guardianship. These are two completely different animals. One is very simple and does not involve a court; the other is more complex and does require court involvement.

1 Answer | Asked in Child Custody, Child Support and Immigration Law for Michigan on
Q: Looking for a Spanish speaking family and immigration lawyer for a case in Pontiac.
Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Aug 19, 2019

Family Law is governed by the State you or your children reside; Immigration law is Federal Administrative Proceedings and any attorney anywhere from within the US can represent you. I am an Immigration attorney in Ft. Lauderdale, Florida with 15 plus years of experience and I am fully bilingual... Read more »

1 Answer | Asked in Child Custody for Michigan on
Q: Me and my girlfriend are going to court in three weeks for custody of my son she just recently turned on an old phone

We were on the same cell phone plan through Xfinity mobile she turn off my cell phone four months ago when we broke up but she just recently turned it back on what can she use against me in court if we have a shared cell phone plan together

Brent T. Geers
Brent T. Geers answered on Aug 5, 2019

The more relevant question is what could be found to be used against you that go to the best interest of the child factors? Are there pictures of you with drugs or guns posing with your son? This isn't a marriage, so even if there are "adult" things to be found, the question the judge will seek... Read more »

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: I have joint legal custody of my daughter who has unilateral hearing loss. We disagree as to medical decisions...

Specifically providing her with a hearing aid (not covered by insurance). Do I have any recourse?

Brent T. Geers
Brent T. Geers answered on Aug 1, 2019

Either party may file a motion with the court to have a hearing on the issue so the judge can decide what happens. If the daughter needs a hearing aid (and that doesn't sound to be in dispute), the someone should buy them, and that person would be entitled to reimbursement as a medical expense.

1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on
Q: I have left my wife and we have a 2 1/2 year old daughter. my soon to be EX is keeping our daughter from me. What can I

do to be able to see my daughter before anything is filed

Kenneth V Zichi
Kenneth V Zichi answered on Jul 25, 2019

To answer the specific question, 'make your ex talk with you to consent to something'. In other words there is nothing YOU can do before filing. It takes consent of both you and your ex.

Hire an attorney to represent you and either file a complaint for divorce or answer the complaint your...
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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: I left my wife we have 2 1/2 year old daughter. My soon to be ex refuses to let me see my daughter. I haven’t seen an

Attorney yet but will. What can I do I want to see my daughter

Kenneth V Zichi
Kenneth V Zichi answered on Jul 25, 2019

Hire an attorney to represent you and either file a complaint for divorce or answer the complaint your wife has filed, and request parenting time in those documents. Unless and until there is either consent and cooperation or a Court Order, there really isn't much you CAN do.

Get with a...
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