You can, although any witnesses you choose should have relevant and unique information. You do not need, and the judge will probably not allow, 10 people each saying that you're the best person they've ever known. More importantly, each witness must be able to testify about facts they have personal... Read more »
Child comes over for visits, dirty and unkempt. Has told us she doesnt have a room or bed, sleeps on a couch, also that the place had bedbugs, hence no bed, and the ceiling where she sleeps, caved in, where her and the mom stay.. Now mom is asking for more money... Dad is on CS, what are his... Read more »
First step sounds like to get a motion together to present to the court the exact circumstances in which this child is living. The child support issue will be addressed through that.
Divorce was final Nov 2017... I get approx. $50/week for 3 kids... his income is roughly 33% more than mine... for 2 + years, we have had no issues, we split expenses 50/50... now, he is refusing to pay his half of school lunches, haircuts, etc... says I have been double dipping him for Child... Read more »
You will likely need to address this with the FOC or petition the court for an order to show cause.
My ex owes me over 6,000 dollars in child support. I barely make any money and have full custody of my son. He didn't show up to two show-cause hearings. They increased support and he hasn't paid me at all. One time they brought him in and he gave a sob story about how he doesn't have a job so they... Read more »
This won't be the answer you probably want to hear but it is the reality. What you've seen is what will continue until the amount owed becomes such as to justify a felony charge for non-support. And even then, he may just sit in jail.
There is very little you can do on the enforcement end... Read more »
Can my wife go to doctors appointments, school conferences or is that going against “no third party contact” and “parenting communication strictly between parents”
Generally that means that the parents should communicate directly with each other and not boyfriends/grilfriends or new spouses.
Both parents should be involved in the childrens education and health regardless of whether you are still together or not. It is in the best interest of the... Read more »
I filed Jan 3rd and have tried to get him to agree to letting me move just outside of michigan. I cant file a motion because I dont have the money for a lawyer to do it. I just want to know if I can get in trouble if I move with them anyways!
Yes, the move could be used against you. Not wise to do so. If you cannot afford a lawyer at the moment, you should check in to your local legal aid office. Or, your courthouse may have a legal assistance center with forms available to file the required motion on your own.
If 2 family members (1 sibling and 1 grandchild) petition for guardianship of an incapacitated individual will the court throw out both petitions and give guardian to a 3rd party because "family is fighting over the person"
No. The court will hold a hearing to determine which person, if either, is most suited to be the guardian. It could be the case that the court finds neither person suitable, if which case, yes, a third party may be appointed.
Depends on your relation to the child. Are you a parent? If not, you may provide temporary shelter for the time it takes to call the police or CPS; you cannot keep a child away from a parent. Even if you are the other parent, you cannot keep a child away from the other parent contrary to court... Read more »
Son has been here since 11/26/19 The review was already in the works because I've been laid off so now the courts say I have to file a motion for custody even though I have joint legal custody with "as agreed upon" visitation. So why can't they just adjust the child support and the number of... Read more »
The Friend of the Court goes by court orders. Your current court order apparently says parenting time is "as agreed", and so that's what the FOC has to work with - it does not matter what is actually happening. For child support calculation purposes, FOC needs to know the number of overnights you... Read more »
Not conceived in this county. This is where her mother moved.
You will have to get the Addresses and correspond with them by mail.
Almost immediately during normal court business hours and with proper cause.
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 »
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... Read more »
State and does not pay any required child support. Is there any legal action I should consider taking.
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 »
I gave the courts correct address for him but he evades (never answers door, has wife answer for him and say she doesn’t know him or he doesn’t live there).He was recently jailed for about 20+ days will I receive a payment from the courts? We also have 2 children (he signed both birth certificates
You'll likely need to refile and try serving him again. This time, you might want to use a process server. They deal with tough-to-find people all the 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 »
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.
It may be black mold. I have demanded my sister, who is no longer with him, report it so the State can get involved to ensure the house is safe for my niece and to cover herself from any legal problems. But I do not trust that she will. I'm in Michigan, what can I do if she doesn't report it like... Read more »
Anyone may make a complaint to Child Protective Services (CPS). They have a duty to investigate all complaints. What they do from there is in their hands.
So that was supposed to offset arrearges courts said i owed but it was never applied to arrearges now i owe even more arrearges due to loss of job a few times over pass few years for a few months but had the original refund been applied to arrearges the arrerges would have been paid off and i would... Read more »
Is the arrearage for child support? You should present evidence of the refund amount to your local Friend of the Court office.
You've posted this question in a Michigan forum, but I surmise that the answer will be the same regardless of state. Assuming that your grandson is otherwise competent (i.e. not cognitively or otherwise impaired), he is an adult at 18 and can move where he wants.
Have joint custody .she wasn't Supposed to not move 100 miles away. She did with out a court order. any his son found his dad and wants to come home. Would like to know if he can go and get him and bring him home. Please answer this question thank you grandma. Ps.the mother hasn't contacted the... Read more »
As you might imagine, your son will need a court order. It is certainly possible to obtain, and in fact the mother could have a lot of answer for.
My partner and I want to get married. He does not have status in this country. I though am a U.S. citizen. We reside in Wayne County. Can we get married and is there a risk for him if we do get married ?
You can get married but it may not be the best thing to do depending on your circumstances. The best course of action is going to depend on facts you have not presented here. You really should make a consutlation appointment with a family immigration attorney.
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.
