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Michigan Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Michigan on
Q: Can I sue my attorney for not doing anything on my behalf in my child custody case which resulted in lost of custody?

My sons father took me back to court over child custody. We were never married I had full custody. Him and his lawyer knowingly and deliberately lied in court. My attorney never called a witness that I suggested to him or presented evidence that I had given him or told him he could obtain that... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 2, 2023

Best advice would be to contact another family law attorney to review everything. You could certainly talk with a malpractice attorney, but some of what you write concerns trial strategy, which is difficult to show malpractice.

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: Can foc keep my fiancé son away from me not letting him get over nights over false accusations?

At the time i was just his girlfriend and his sons monther started a bunch of drama and i retaliated in text so then she accused me of hitting her son and she told them how me and his father were always fighting and breaking up they believed her. The text she showed in court where only of my... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 16, 2023

"They" are not doing anything. The child's mother made an accusation that FOC substantiated, creating this order. You being engaged does nothing; being married might help. But your relationship status has nothing to do with what the judge will find pertinent to changing this.... Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Is there a law which seperates the jurisdiction or ruling on individual custody cases?

I am currently seeking sole legal custody of my son and I dont have legal custody of my daughter. They don't share the same father. I currently have joint legal custody of my son.

Brent T. Geers
Brent T. Geers
answered on Jan 9, 2023

There is no rule on that but you definitely have two different cases, even if it may be with the same judge, and so the holding on one case shouldn't necessarily affect the holding on the other. In other words, it's certainly possible - and happens - for a parent to have custody of one... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: Lying in court

My girlfriend may be about to start a custody battle with her kids’ father. He is most likely going to try to get 50/50 custody. He is $5000 behind on child support. He has no drivers license, yet still drives with the children. He will try to lie and say things are different than they are. He... Read more »

Brent T. Geers
Brent T. Geers
answered on Dec 13, 2022

Sure is! Respond, appropriately, to his allegations. If he's filing, you will receive his allegations in writing; you may file a written response to them. In court, you will also have an opportunity to respond to any allegations made.

The judge's job is to assess credibility. Some...
Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: can a parent get custody if they don't have a job?

my girlfriend has two children. right now, the arrangement is that she has the kids Monday to Friday, they go with their dad Friday night till Sunday night. he is about $5,000 behind on child support. his driver's license is suspended (he still drives even with the children). he says he... Read more »

Brent T. Geers
Brent T. Geers
answered on Dec 12, 2022

Whether he has a leg to stand on is to be determined. The person asking for a change has the burden to prove it. From what you describe, I'm not seeing much reason to change this. That does not mean he won't try.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: I share custody with the father of my child. I want to enroll her in school, but in my district, he wants his. ?happens?

I share 50/50 legal and physical custody. My ex lives 40 minutes away from my home. I have lived in my school district and raised my daughters there for the past 16 years, now its my three year old turn to start kindergarten, but he will not agree to my school district. Instead, he is proposing we... Read more »

Brent T. Geers
Brent T. Geers
answered on Dec 12, 2022

Best solution would be to get ahead of this and file a motion with the court to determine. I think you are in pretty good shape having had kids already in the district, and you actually living there. I don't see a court ordering a school district that neither of you live in.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: Need referral in St Clair county for custody of 3 yr old. 7 y/o Sibling was murdered. We fear for life of 3 y/o

CPS not helpful, although abuse is documented. We don't want to bury another child.

Brent T. Geers
Brent T. Geers
answered on Dec 9, 2022

What help or relief may be available depends on who "we" is. If you are not the parent to the child, the best help you can provide is to connect that person with a local attorney, so that he or she can effectuate their rights.

1 Answer | Asked in Child Custody for Michigan on
Q: Can a legal guardian leave their child in a country abroad if that child has no legal relation to anyone there?

I am 15 years old and have been living in Morocco for a little over a year now. I got here in early October. My guardian has been heavily abusive, both physically and verbally. She takes advantage of us not being in america and has cut my communication with everyone. I have no means of talking to... Read more »

Brent T. Geers
Brent T. Geers
answered on Nov 30, 2022

Without knowing all relevant details, it's hard to say. By your question, I assume you have US citizenship. If so, you may want to try contacting the US embassy or consulate.

1 Answer | Asked in Child Custody for Michigan on
Q: My Son is incarcerated, his ex is being investigated by CPS. MDHHS had a team meeting w/out him. Is this legal?
Brent T. Geers
Brent T. Geers
answered on Nov 26, 2022

Probably. Your son should have been appointed a lawyer, who may have participated in the team meeting.

1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on
Q: My ex makes me do all drop off and pick up.

The custody order does not specify who is responsible for pick up or drop off. She refuses to be helpful for pick up or drop off. If I pick up my son, and state that she is able to come pick him up whenever she can, is that illegal if she has majority? I am not telling her she cant access him I am... Read more »

Brent T. Geers
Brent T. Geers
answered on Nov 5, 2022

You will need to address the issue with the Maryland court if there is no agreement on the issue.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Michigan on
Q: What is a red flag 2 a judge/ref w/case of CPS/criminal histories? Do other agencies investigate & report back?
Brent T. Geers
Brent T. Geers
answered on Oct 28, 2022

A CPS history will always raise a red flag. Criminal histories? Possibly, and depends on when and what happened.

A judge's concern is always the best interests of the child, and will interpret any CPS or criminal history with that in mind. It's not uncommon for BOTH parents to...
Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Will judges/ref look @ & really consider proofs of texts/pic’s of “parent” lying/denying visits/making excuses?

No established custody yet, (new case in court) parent holding twins finds any & every excuse & lie to avoid parenting time & makes threats if others voice opinions on social media also changes what’s allowed at PT. Ref did not say it was supervised but they are saying no other way... Read more »

Brent T. Geers
Brent T. Geers
answered on Oct 28, 2022

Possibly. But as I'm sure you know, nothing is going to happen unless and until a judge hears these issues and makes an order that can be enforced. Until then, your daily calls and messages to the other parent will likely continue to be ignored, and could actually backfire on you.

1 Answer | Asked in Family Law, Adoption and Child Custody for Michigan on
Q: I'm seeking answers on how to get custody of my grandchild.

My grandchild is 5 years old an I've been his care giver his whole life, his parents are not suitable to take care of him an I'd like to take full custody since he lives with me majority of the time.

Brent T. Geers
Brent T. Geers
answered on Oct 26, 2022

You should look into guardianship.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Identity Theft for Michigan on
Q: How can I get my name cleared after someone used my identity to make a false CPS report against my grandsons father?

It came to my attention by way of my daughters FOC case that I was being accused of making a false CPS report against my grandsons father. After doing a FOIA request to find out what this was I received the police reports along with 7 pages of a CPS LEN, all unredacted, and my name is listed as... Read more »

Brent T. Geers
Brent T. Geers
answered on Oct 22, 2022

I'm unsure what you are asking. If your concern is that a call you made was reported inaccurately, that's one thing. If you're saying you never made a call, then that's a whole other thing.

The information you received through FOIA are reports, which are always subject...
Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Michigan on
Q: If a referee says…. gonna check in2 CPS & criminal investigations do they contact previous ppl associated w/case history

Do they contact family or fosters… previous witnesses if a story doesn’t match?

Brent T. Geers
Brent T. Geers
answered on Oct 18, 2022

More likely, referee will simply review the CPS and criminal investigation reports, and may contact those agencies for a status update. Judges and referees are not police or investigators so they are not going to be contacting witnesses directly.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Hi I have sole physical custody parties have joint legal custody there's 0 over nights unless parties agree

Do I have to let him see his son? Is one question or can I tell him to take it court? He's been threatening court for 7years my son has been with me 7 years never left my side he's home schooled. The father smokes weed 24/7 found out he's been taking subtonin I forgot how to spell it... Read more »

Brent T. Geers
Brent T. Geers
answered on Oct 13, 2022

You can certainly tell him to take you to court. If what you're saying about him is true, there sounds like quite a bit of stuff he should work on before spending time and money going to court, but I suppose that's his decision.

Just know, though, that many judges don't look...
Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My daughter is 12 she’ll be 13 in three months She don’t want to go to her dad house so I have to make her go

I am waiting on a court date to modify parenting and I am asking to modify parenting time because my daughter doesn’t want to go over her dad house all the time and she doesn’t like how he’s been treating her or the things he have said about me to her I hate having to make her go and here... Read more »

Brent T. Geers
Brent T. Geers
answered on Oct 1, 2022

You are doing the right thing by filing the motion. Perhaps there is something negative going on that your daughter is afraid of disclosing. Still, your duty is to comply with the parenting time order and continue facilitating her relationship with her father. Typically in these situations with a... Read more »

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: I currently have my children every other weekend and one weekday every week and have joint custody, The father just died

Long story short my exhusband lived with his parents so they helped raised my 2 boys for the last 10yrs of their life They decided to withhold this info from me because they did not want my boys to come to my house permanently since their father is not alive Another family member thought it was not... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 25, 2022

The police are right: this is a family court matter that needs to be addressed there. If you do not have legal custody of the children, it's possible that with the father dead, the grandparents would become guardians. And even if you have shared legal custody, the best interest of the child... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on
Q: Moving to another state to file divorce?

I am currently in a terrible marriage and would like to get divorced (living in MI) but i have no where to go or any financial support other than my family who lives in UT, my plan is to move to UT with my child and file for divorce, is there a certain way i should start this process?

Kyle J. Bristow
PREMIUM
Kyle J. Bristow
answered on Sep 21, 2022

You should immediately and privately consult with a lawyer in Utah to inquire about the state’s requirements to file for divorce. Many states have a waiting period for new residents before someone can file for divorce. Also, if your spouse has no connection to Utah, then an Utah court would not... Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: If my aunt has guardianship of my daughter, is she allowed to let her live with us(her parents)?

My daughter's father and I lost custody in 2019. (It's a long story) We fought to get her back for 2 yrs. And then had to give my aunt guardianship so they wouldn't take our rights. She had cancer so she had to go thru chemo and radiation and a few months later, they told her she was... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 16, 2022

It's an uphill battle, but it can be done where the guardianship is terminated. Were your rights terminated - either voluntary or involuntary after a trial? That will determine whether it's a matter of terminating the guardianship or you becoming guardian of your own child.

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