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Michigan Child Custody Questions & Answers
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.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: As the mother of my one year old son, am I legally allowed to move to a different state while the father is in prison?

Hey there.. The father of our son whom is in prison will constantly threaten to evict our son and I out. He is in prison for 3-15 years. It would also be helpful for the steps I'd have to go through.

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

Is there a current custody case? Best steps would be to file a motion seeking the court's permission.

1 Answer | Asked in Child Custody for Michigan on
Q: In Michigan when a child's parents go to split never married who has custody can mother leave relationship with child?

Father is trying to isolate child telling mother she can't have him will never get custody and can't move out with her son

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

When not married, the mother is presumed to have custody of the child - particularly so when there is not an affidavit of parentage on file or a paternity determination naming the father. The mother can leave with the child. A father can file always file a custody complaint and argue the 12 Best... Read more »

1 Answer | Asked in Child Custody and Civil Litigation for Michigan on
Q: Why do attorneys think that $300/hr is 'running a business'. They are just taking advantage of people in need.

Civil attorneys are hard to find. Where can I find one in detroit metro, michigan.

David Soble
PREMIUM
David Soble
answered on Aug 4, 2022

A majority of lawyers are no different than doctors, accountants, or other licensed professionals. They are in business for profit. Fortunately, there are resources through the Michigan State Bar Association for a referral to an attorney or legal aid society who may be able to assist at a... Read more »

1 Answer | Asked in Child Custody and Civil Litigation for Michigan on
Q: I believe I have as good a case against another individual as ever existed. Why will no attorneys take it?

How do I find an attorney more interested in law than collections?

Brent T. Geers
Brent T. Geers
answered on Aug 3, 2022

The short answer is that you're biased...and it's perfectly normal to be biased to your own matters.

I assume you are not an attorney. You're looking at the matter like any other person would: "I feel like I was wronged in some way, shape, or form". An attorney...
Read more »

1 Answer | Asked in Child Custody, Divorce and Social Security for Michigan on
Q: Who gets kids part of one spouses SSD, if getting divorced?

Husband suffered from mental health, can not drive, severe memory loss.

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

Most often, it would be to the parent with primary custody / recipient of child support, in lieu of a calculated support amount.

2 Answers | Asked in Criminal Law, Divorce and Child Custody for Michigan on
Q: I've hidden 98% of my assets in crypto. Can this be found in a custody case?
Brent T. Geers
Brent T. Geers
answered on Jul 29, 2022

Can they be found? I'm no expert in crypto so I don't know. The opposing party's attorney, through appropriate discovery demands, could establish that you have or should have a certain dollar amount in assets, whether they are in crypto or not.

Larger question is what would...
Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: Is it illegal for my husband's ex-wife to collect child support if their son no longer lives with her?

My stepson was kicked out by his mother. He now lives with his grandma and he is 17. His mom didn't notify friend of the court about this information, and my husband is still having child support removed from his paycheck. Is it illegal for her to collect this money when he isn't living... Read more »

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

Child support is for the child, but I can appreciate the frustration. What matters, though, is that the child is not living with you and your husband right now. Should the grandma obtained guardianship, for instance, your husband would still have a child support obligation.

1 Answer | Asked in Child Custody, Family Law, Criminal Law and Civil Litigation for Michigan on
Q: In Michigan, can I use recordings of conversations that I participated in, in a custody case or other case?

I already know about participant exclusion to mutual consent rule in michigan. Just wanted to know if you can use these in a family court case, or other court case.

Brent T. Geers
Brent T. Geers
answered on Jul 21, 2022

Possibly. But know that a lot of judges do not look favorably upon such recordings or unwarranted use of private investigators.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Under Michigan law, is it permissible for CPS to demand a parent to secure property without government assistance?

If a CPS investigation is open due to “failure to protect” from an ex-husband who tried to kill his wife and the children currently reside in foster care, can CPS legally draw out a case by making demands such as securing a car or a home without any government assistance, such as food benefits,... Read more »

Brent T. Geers
Brent T. Geers
answered on Jul 20, 2022

There's a lot more to these situations than what "the law" says. If there is a reason found under the child protection act or juvenile code to remove a child and initiate termination proceedings, then the struggle becomes compliance with the treatment plan for reunification. There... Read more »

1 Answer | Asked in Child Custody for Michigan on
Q: Hi my friend was the custodial guardian of his grandkids for a good number of years and the children were

Return to their parents and does my friend have any legal rights to visitation with his grandchildren since he was their primary caregiver for most of their life?

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

Likely no. He may have a legitimate claim to grandparenting rights, but that is something he would need to initiate.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: My kid a runaway. White lake PD wont return her even w/my custody papers. Why not ? And how? What do I file next?

I went to white lake multiple times. They claim that no one has custody. Which is untrue. Now my mother is harboring a runaway and white lk PD wont allow me to file charges. Lilly is 13, suicidal and selling pornograph material online. No one cares. How do I stop this ???? I also tried to file... Read more »

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

There is so much that can be going on with a child custody situation like this that it's really impossible for anyone to give you solid advice without knowledge of all the facts. The police are often reluctant to deal with what can be considered "civil / family" matters. Once the... Read more »

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: Can someone with 50/50 custody make exchanges at the police station due to safety concerns?

My boyfriend has 50/50 legal and physical custody. Last time we picked up his daughter they sent a threatening message about calling the cops over my driving. Though we did not do anything wrong. My boyfriend feels unsafe and bad for his daughter and wants exchanges to take place at a police... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 20, 2022

He can. The parents can always agree on an exchange point; if no agreement, then whatever is in the order stands.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Mom tricked me into signing wrong papers giving her full custody of my children, it was only suppose to be temp.

She tricked me into signing a paper saying that it was temporary, and it was for full custody. She had a lawyer and I didn't I trusted her and she is living her second attempt at raising children with my kids, because I asked for help, she did this in order to relive her lost parenthood, and... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 6, 2022

You're not going to get very far arguing you were tricked. You now need to focus on whether there is a legal change of circumstance or proper cause for the court to reconsider custody, and what are the best interest of the child factors.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Aunt is guardian my rights suspended she lives in Michigan I live in ky do I have to get lawyer up there in MI or KY

Aunt got guardian in MI do I have to go there and get my suspended removed and rights as there mother or can I do all this where I live in KY

Brent T. Geers
Brent T. Geers
answered on Jun 4, 2022

If the case is in Michigan then you would need to petition to terminate the guardianship here in Michigan or with a Michigan attorney.

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Federal Crimes for Michigan on
Q: I need to know how to go about reporting child abuse

It is extreme mental emotional and phycological abuse, as well as neglect.

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

Call Child Protective Services.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Michigan on
Q: In an uncontested divorce, both of us want joint custody so does that mean we both pay half the child support?
Brent T. Geers
Brent T. Geers
answered on May 23, 2022

Good question and reasonable logic. Unfortunately, that is not the case. Child support is calculated using a formula that factors the disparity of income between the parents among other things. Even with joint custody, one parent is likely to pay the other parent some child support.

1 Answer | Asked in Child Custody for Michigan on
Q: I want to relocate to PR but I have a legal shared custody with mom of 50% each how can I fight full custody
Brent T. Geers
Brent T. Geers
answered on May 16, 2022

You potentially have an uphill battle. You need to show a change of circumstance or proper cause. You can move to PR, but it's likely going to come at the expense of Mom gaining primary custody, and you having parenting time in summers and major school breaks.

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: Can I file for child support after 6 years with no visitation rights

My son is 6 I’ve raised him with my family. His father is 100% Absent

I have serious concerns to the point we separated when I found out I was pregnant

Mental wellness

Substance abuse

Violence

Lying about sexual abuse

I have a lot of real... Read more »

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

First thing is that you would need to establish his paternity. Until then, he is, as you expressed, just a stranger to the child with no legal right whatsoever, except what you've been allowing for.

Think of it this way: if I (a complete stranger on the internet) called you and asked...
Read more »

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