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Michigan Child Custody Questions & Answers

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 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 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 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 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 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 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 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 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...
Read more »

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 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...
Read more »

1 Answer | Asked in Child Custody for Michigan on

Q: I only have joint physical custody of my 7yr son. Can i file for full custody and keep him at my house?

His mom has had a active cps case or investigation most of the 7 yearz of his life. Has no job, lives in efficiency housing. My son is constantly missing school and constant doctor and emergency room visits.

Brent T. Geers answered on Jun 18, 2019

You may certainly file. You would need to establish that a change of circumstance or substantial cause exists, which it sounds like there may. One question you should be prepared to address is "why now"?

1 Answer | Asked in Family Law and Child Custody for Michigan on

Q: Can my fiancé's X keep me away form their daughter when all she has is supervised visits?

Last week Friday, the judge gave my fiancé temporary custody of his daughter. With mom having supervised visits. Can she make it so that I have to leave my home? I live in with him and our 2 kids?

Brent T. Geers answered on Jun 12, 2019

If she has supervised visits, quite frankly I don't see her being in a very good position to push for anything from the court. Of course she can make the argument that you shouldn't be around during her parenting time. And because you are not legally married, I think a judge would consider her... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Michigan on

Q: Can I get custody of my niece?

My niece was removed from her mom due to drugs. My brother(out of state not in the picture) is the biological father. When my niece was removed she was placed with the mothers sister. My niece has recently been removed because of the aunt had kids fighting at her house and it is an unstable... Read more »

Brent T. Geers answered on May 27, 2019

Your ability to intervene depends in part on your brother's legal status to the child. I understand that he is the biological father, but is he the legal father? It sounds like with the removal, this case may be heading toward a termination proceeding, in which both the mom and your brother's... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Michigan on

Q: Child abandoned by mother, should we worry about her coming back?

My boyfriend has had his daughter full time since she was born, he and his ex lived in an apartment in Nevada at the start and tried living life the "normal" way. Soon after (about 4 months after birth) the bio-mom started partying and not being responsible. She has a lengthy history of drug abuse... Read more »

Brent T. Geers answered on May 25, 2019

One question that needs to be addressed is why does your boyfriend's parents have guardianship. That aside, ex-girlfriend could not just show up and take the child. She could, of course, reenter the picture. But given the amount of time that's passed, and the other issues going on with her, I would... Read more »

1 Answer | Asked in Child Custody for Michigan on

Q: I have full custody of my 6 year old. I want to relocate 143 miles away. What legal steps are next?

I want to move to the city from a small town for a better job and more opportunities for my 6 year old daughter. What legal steps would be next if the father denies the move and may want to fight for joint custody? I have sole custody right now and he has parenting time as well.

Brent T. Geers answered on May 15, 2019

Even though you have sole legal custody, the father has the right to object. This will cause the court to hold an evidentiary hearing. Because you have sole custody, the burden is on the father to show why the move shouldn't happen. If he also wants to fight for joint custody, the burden, again,... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Michigan on

Q: I'm 17 my parents want to put a restraining order on my boyfriend he's 19, he has done nothing wrong, can they do that?

Also this is in Michigan so this could be different in other states. My parents just don't like him because of rumors that are not true. They have no evidence at all, just gossip. What can I do? I also read that I can "run away" at 17 and the cops can't force me to go home. Is this true? It seems a... Read more »

Brent T. Geers answered on May 6, 2019

This scenario falls under what I call the "my house, my rules" law. When you are under 18, and when you live in your parents' house, parents can do what they feel necessary to ensure your general welfare. This includes using any legal means to keep you away from what they believe to be a bad... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on

Q: How difficult is it to petition the court to move out of state with my 16 year old?

Child has the opportunity for a full college tuition scholarship if she is a full time resident for 12 months. Dad is barely involved since the divorce 2 yrs ago and only sees her maybe once a month. I expect a fight on my hands.

Laurie Schmitt answered on Apr 30, 2019

CHANGE OF DOMICILE AND THE 100 MILE RULE

Are you contemplating moving out of town or out of state with your child? Will this move be more than 100 miles from the child's current legal residence? Has the court awarded you joint legal custody or sole legal custody?

Before you decide...
Read more »

1 Answer | Asked in Child Custody for Michigan on

Q: I have sole custody of my niece due to her mother being a heroin addict and abandoning her. Can I move to another state?

Brent T. Geers answered on Apr 27, 2019

Not without the court's permission.

1 Answer | Asked in Child Custody for Michigan on

Q: My husband has joint legal custody of his daughter, is her mom allowed to enroll her in Summer School w/out his consent

They share legal custody with the mother having sole physical custody. The mother has been making all medical, school, etc decisions on her own without consulting my husband (the father). Even though the custody agreement says they are suppose to be joint decisions. She says that because we live 5... Read more »

Brent T. Geers answered on Apr 23, 2019

Would enrolling her in summer school interfere with your husband's parenting time? If not, then you might have a tough hurdle to climb convincing a judge that enrollment in summer school is contrary to her best interests. That said, you are right that joint legal custody means that these major... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on

Q: How does the friend of the court work in regards to paternity, custody, and child support?

I am currently wanting to leave my husband due to physical, mental, and emotional abuse. We have two children together one that is 16 months and the other that is 2 months. He didn't sign the birth certificate for the 16 month old when she was born and we were not married when I had her. We were... Read more »

Brent T. Geers answered on Apr 17, 2019

The 2-month old's paternity is clear: he or she was born during the marriage and so your husband is by default the father whether he acknowledges it or not. The paternity of your oldest child is less clear, and you may eventually need a court ordered DNA test if your husband challenges paternity.... Read more »

1 Answer | Asked in Criminal Law, Divorce and Child Custody for Michigan on

Q: My sister husband was cheating on my sister for over a month. Will he be sentenced for what he did?

It was a prostitute he would pay to have sex with her while my sister was at work and her kids at school and while my brother was at work.

Brent T. Geers answered on Apr 17, 2019

Sentenced as in a criminal case? Not unless he was caught and charged with soliciting a prostitute or something like that. The police and prosecutors do not charge people criminally for cheating.

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