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Michigan Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: What happens if my husband wants legal custody and to be responsible for my baby I got pregnant with during separation.

My husband and i separated for a year we have three other children but never got divorced. I moved to south carolina and was seeing someone else who got me pregnant. This guy cheated and kicked me and my three kids out of the house. I came back to Michigan with my legal husband still three months... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 1, 2020

Let's start with two simple premises: 1) while you are legally married, the husband is presumed to be the father of any child born to the wife during that marriage. 2) Jurisdiction will almost always be with the court in the county where the child is found.

So here's the easy...
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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: In a case of temporary 50/50 how hard would it be to relocate due to marriage? Ex is very involved.

I got married and want to move to Arizona with my new husband(military). My son hasn't spent any time with new husband(would this be a strike against me?)

Brent T. Geers
Brent T. Geers answered on Jul 22, 2020

Depends on a number of factors; the burden would be on you to show the court the move is in the child's best interest. Ordinarily with a move like that, whomever the child does not stay with during the school year would get parenting time during the summer and school breaks so that is... Read more »

1 Answer | Asked in Child Custody and Divorce for Michigan on
Q: I need help with divorce and child custody. I would like to make sure that I dont get abandonment of my child .

I asked for a separation last Saturday night and was asked to leave where I was living. I tried to take my daughter with me but my husband and his family denied me to take her. She is 12 yrs old and she wanted to stay with her dad and grandparents. I just want it known that I didnt abandoned her.... Read more »

Andrew M Steiger
Andrew M Steiger answered on Jul 20, 2020

The court will look at the best interests of the child factors to determine child custody. The fact that your spouse’s family denied your request to take your daughter does not control here. Hire an attorney and file for divorce. Unless there are strong factors weighing against 50/50 custody,... Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Signed my rights over in 2016, now im sober 2 years and want my son more. Where do I even begin?

I signed over my rights to my son, who was 5 at the time, to his father. I was still in active addiction and when he filed for custody, I knew it was best for my son. My ex told me i would still have my rights, just not custody. He lied. All my rights were taken and I was only given supervised... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 17, 2020

It doesn't sound like your parental rights were terminated. The father has sole legal custody. What you would need to do is file a motion for specific parenting time. It's a slow and gradual process; the court is not going to immediately jump to 50 / 50 custody here. But as you make... Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: What kind of motion do I file and how?

My daughter is now 14. She has many reasons as to why she doesn't want to spend as much time with the other parent such as some emotional and mental abuse which makes it hard for her to want to go as often. Is there a motion I can file or how do I go about my daughter being able to talk to the... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 13, 2020

You'll need to file either a motion to change parenting time or custody. Please be aware that just because the child doesn't want to go, and even if her reasons are legitimate, her opinion is one of 12 factors the judge will consider.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: I live in southern Illinois my daughter lives in Kentucky with her dad can you help me get my rights back to my daughte

She is 14 and cry’s every night cause she hates it there and wants to be with me her mother her dad lives with his parents no job no license he’s a alcoholic and pill head my baby has to take care of her grandmother all the time cause she’s in a wheelchair she can’t be a kid she lives as a... Read more »

Mechelle Woznicki
Mechelle Woznicki answered on Jul 10, 2020

It sounds like this case might be in a jurisdiction (court) outside of Michigan. If that is the case, you will need an attorney in the state where the court is located that issued the current order.

If it is a Michigan case, I can certainly help. You could schedule a call with me on my...
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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Is it illegal for MI CPS to mislead me and withhold facts I needed to make an appropriate decision and then take my kid?

MI CPS wanted me to participate in a program that required 10 hours/week and A person from the program told me it was voluntary and later said that cps could make it mandatory & cps worker told me that if I said no that they could take me to court to force me to comply or to take my daughter.... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 7, 2020

I'm unsure what facts were inaccurate. It sounds like CPS told you either 1) do this program, or 2) we'll file a petition that could lead to removal of the child. You choose not to do the program, and so they filed a petition along with an ex parte removal order.

The question now...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: How much time is considered reasonable notice/time for my ex to let me know he wants the kids for a weekend?

My ex moved from Michigan to New Jersey. Court order says he can have one weekend a month residing in Michigan but has to give reasonable notice. What is considered reasonable notice through the courts?

Mechelle Woznicki
Mechelle Woznicki answered on Jul 5, 2020

Reasonable is that amount of time which is fairly necessary, conveniently, to do whatever is required to be done. There is no set number in this situation, so reasonable is what both parents define it to be.

1 Answer | Asked in Child Custody and Divorce for Michigan on
Q: How hard is it to get full custody in a divorce?

My ex moved out in November of 2017. We separated because he stayed using meth and hit me. He was just in jail because of a warrant. Had 3 charges. One for shoplifting. One for child support on his first child that he doesn't pay. And one for drug charges.

Brent T. Geers
Brent T. Geers answered on Jun 22, 2020

It can be hard, depending on circumstances. But your case sounds like one where circumstances exist for sole custody.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My child's mom has physical joint custody I get parenting time for my children I live in Port Huron Michigan

My sixteen-year-old daughter wants to be emancipated to come live with me

Brent T. Geers
Brent T. Geers answered on Jun 22, 2020

Emancipation is different than custody. Your daughter would need to initiate emancipation proceedings, and convince a judge that she is able to live on her own. Coming to live with you is not emancipation, but a change of custody.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Michigan on
Q: I been with him for 25 yrs..he was 21.. I was 13. Ive had 4 kids w him since 15. Will i get alimony?spousal??

I was 13 he was 21. Been with him 25 yrs. Have 4 kids...He treats me horrible and i want out. But he took EVERYTHING!!!! LEFT ME ON STREET. Also CHEATING on me w Facebook girls..have PROOF. & HE is a major alcoholic.

Brent T. Geers
Brent T. Geers answered on Jun 11, 2020

When were you married? Michigan is generally a "no fault" state when it comes to divorce and so for purposes of divorce, cheating doesn't really matter. Spousal support is possible, particularly in long term marriages (generally over 10 years), and when there is some fault attributed... Read more »

1 Answer | Asked in Child Custody, Child Support and Juvenile Law for Michigan on
Q: Can a 12 year old boy be represented in the court by someone that’s 15 years old even if there is a legal attorney?

Even if the 12 year old has an attorney can the 15 year old boy be the main representative but under the guidance of an attorney?

This is not a true scenario but for the future is any of this possible? Also the 15 year old boy would know about the laws and know the rights, crimes, possible... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 2, 2020

No. Courts will recognize either the litigate or a licensed attorney appearing on behalf of the litigate. In some cases a person may have a "next friend" step in his or her shoes and can still have an attorney. The 15 year old in your scenario would not be recognized by a court as a... Read more »

1 Answer | Asked in Child Custody for Michigan on
Q: If my wife abuses substance and is suicidal with mental health issues. Can i take custody without her permission?
Brent T. Geers
Brent T. Geers answered on Jun 1, 2020

Best thing to do would be to seek an ex parte order from the court.

1 Answer | Asked in Child Custody for Michigan on
Q: What are the steps in custody? Do all custody cases go thru mediation?
Brent T. Geers
Brent T. Geers answered on Jun 1, 2020

Custody starts with a complaint filed by one parent alleging that a child is the product of that person and the other parent, and includes reasons under the 12 Best Interest of the Child factors that are applicable to the situation as to which custody situation is best for that child. In most cases... Read more »

1 Answer | Asked in Child Custody for Michigan on
Q: Will the judge be mad if I keep my child away for his mother? ( Never married, but we share custody)

I filed a ex parte for sole custody bc she is threatening to leave the state. It got denied, do I have to return my daughter to her mother?

Brent T. Geers
Brent T. Geers answered on Jun 1, 2020

Yes. Without a court order, you have no authority to keep the child from the other parent. If you have ongoing concerns, and since your ex parte was denied, you can file a regular motion to change custody.

1 Answer | Asked in Child Custody, Divorce and Family Law for Michigan on
Q: I don't know where to start a divorce. concerns because my ex is being shady and we have a child

I'm a 23 year old female and he is a 26 year old male. This is both of our first marriage. We got married 12/07/2018. He keeps telling his friends and family one story as to why we are divorcing and tells me another story as to what he has told them. He has been active in smearing my name,... Read more »

Andrew M Steiger
Andrew M Steiger answered on May 28, 2020

You start by filing a complaint and serving him. At that point you can begin negotiating child custody, property settlement, etc. If he files first, you would be the defendant but that likely won’t change the outcome related to child custody at all. Michigan is a no-fault divorce state. What... Read more »

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: Can a mother give up custody to father without going through long process?

My 3 year old daughter that stays with me by ourselves. Her mother is currently homeless and has been house hoping with ppl since ‘16,I was told to file a motion but that seems too long of process and too much for something that I feel is a no brainer. The mother said she understands that I need... Read more »

Brent T. Geers
Brent T. Geers answered on May 27, 2020

First things, first...the Friend of the Court does not change custody or make orders; that is what judges do. If the mother is cooperative, it doesn't need to be a long process, but it is a process all the same.

1 Answer | Asked in Child Custody for Michigan on
Q: childs father made a false exparte order and they came and took my child and suspended my rights as a parent until I go
Brent T. Geers
Brent T. Geers answered on Apr 27, 2020

You will need to file an objection to the ex parte order. You should do so promptly, and with an attorney's assistance if possible.

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: No agreement no custody... ex has personal issues and trying to take my kids. But we have had a verbal agreement for 2y

Can she just take them I just got them monday

Brent T. Geers
Brent T. Geers answered on Apr 23, 2020

Are you the legal father? (e.g. affidavit of parentage signed and on file with the state). You cannot expect the court to enforce an agreement it did not make or have record of. You should file a custody action so that you get a written order that can be enforced in the future.

1 Answer | Asked in Child Custody and Divorce for Michigan on
Q: My divorce was finally on aug 6 2019. I got pregnant only weeks after. Will they try n go back on my ex husband?

We were both in other relationships at the end of our divorce and still are. Because this pregnancy happened so close to the final stamp I’m worried they will try and go back on my ex husband if my child’s father decides to bail and not sign the BC.

Kendra Ortega
Kendra Ortega answered on Mar 29, 2020

Your ex-husband is only considered the legal father of your child if you were pregnant during the marriage. If your pregnancy began after the Judgment of Divorce was entered by the court, your ex-husband will not be the legal father. You will want to make sure the baby's biological father... Read more »

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