Brent T. Geers' answer A lot of moving pieces here, but a paternity test is not a requirement for a man to be deemed the legal father to a child...especially if Mom is not claiming some other man is the true father. That said, it's likely - given that CPS was involved - that as part of the POA process, they also have Father and Mother sign an Acknowledgement of Paternity. And since his mom already has custody through the POA, she absolutely has standing to seek guardianship. Mom's mom may contest it - essentially...
Brent T. Geers' answer You probably should file a motion with the court asking for an order that until he can present proof of having a valid driver license, he needs to arrange alternate transportation. Unfortunately, other than for the actual exchanges, you really have no way of controlling whether he'll ever drive with the child during his parenting time. If he is caught doing so, of course, he could be arrested.
Brent T. Geers' answer By your question, I assume you believe this person is the father of a child. First step is to file a paternity case in the county you live in indicating that you believe this person is the biological father. He will then have the opportunity to affirm or deny that allegation. If he denies it, the court may order him to take a DNA test OR he would be presumed to be the father.
Brent T. Geers' answer You should get the case transferred to your county here in Michigan since this is where the child no lives. The child, then, cannot be moved more than 100 miles or outside the state of Michigan by either of you without an agreement or the court's order.
Brent T. Geers' answer If you are ordered to pay child support, you are, most likely, determined to be the legal father of a child. With that comes the right to pursue custody and parenting time. However, that is on you to pursue and is not automatically given just because you are determined to be a legal father to a child.
Brent T. Geers' answer The baby would not necessarily be taken away, but there will be issues to deal with. Two years is not an old case. Did your boyfriend voluntarily terminate his rights or was it the result of trial? There is a theory in child welfare cases called anticipatory neglect, which will cause CPS to pay you guys a visit at the very least.
Brent T. Geers' answer The court can't do much about what the mother says, other than to possibly order her not to. You should seek the advice of a local family law attorney, but truthfully, at least half this issue is about something you and the court has little control over. You could refuse to consent to a DNA test unless court ordered; I'm not sure she would have a legitimate claim to ask the court for one given that your daughter is already 10 years old, and very generally you cannot change paternity at this...
Brent T. Geers' answer It's possible, especially if the child is not receiving state assistance. If there is state assistance involved, there will be a guidelines child support order in place to reimburse the state. That would be enforced by the state and neither of you would have a say in that.
Brent T. Geers' answer Absent an agreement between you and the mother—which can come before or after court—expect the judge to either refer this case to the Friend of the Court for a custody, child support, and parenting time evaluation, or for an evidentiary hearing on all matters.
Brent T. Geers' answer What does the parenting time or custody order say? You can possibly file a parenting time complaint with the FOC, but it sounds like they've already given you their opinion on the situation. The next step is court, and unfortunately, you need to weigh the cost / benefits of doing so. You could easily find yourself paying the motion fee for a judge or referee to tell you the same thing FOC said.
Brent T. Geers' answer You need to examine the most recent court order carefully. If you do not have a court order yet, then the police officer is likely correct that you must return your daughter or be charged with parental kidnapping.
No, it will not help your case before the court to keep your daughter after police contact.
Maureen Martin Caster's answer Each time his parenting time is refused, he needs to file a complaint with the Friend of the Court. He should also file a motion for an actual parenting time schedule so he knows which days are his. You can't just "sign off" parental rights. This is only done in two circumstances.
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.