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 »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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.
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?
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.
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.
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.
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.
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 »
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 »
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 »
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.
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 »
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 »
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 »
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.
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.
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.
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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