Michigan Child Custody Questions & Answers

Q: Do You Help with custody battles with parents who can't Co-parent with Thier Children's

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Answered on Jan 12, 2019
Brent T. Geers' answer
Your question is the essence of custody disputes heard everyday in courts. Without agreement, you'll need to be prepared to litigate the matter.

Q: I have full custody and my ex has parenting time and I just tired picking them up and she filed a ppo on me what do I do

1 Answer | Asked in Child Custody for Michigan on
Answered on Jan 4, 2019
Brent T. Geers' answer
First things first: you must file an objection to the PPO immediately.

Q: Unlawful custody

1 Answer | Asked in Child Custody and Family Law for Michigan on
Answered on Jan 2, 2019
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...

Q: I found out my children’s father had a warrant out for his arrest for driving with a suspended license.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Answered on Dec 8, 2018
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.

Q: How can I get a court order for the other parent to do a dna test if he is in prison?

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Answered on Dec 8, 2018
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.

Q: My exhusband has only seen my kids one day in 3 years and wants to come get them and take them to Tennessee

1 Answer | Asked in Family Law and Child Custody for Michigan on
Answered on Dec 8, 2018
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.

Q: Can a custody case be moved to another county if the current jurisdiction is questionable due to family members realtion

1 Answer | Asked in Child Custody for Michigan on
Answered on Nov 6, 2018
Brent T. Geers' answer
Possibly. Is the cousin married to the judge assigned to the case or just a judge in the same circuit?

Q: Can my exe Make me drive half way to pick up our child.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Answered on Nov 1, 2018
Brent T. Geers' answer
It sounds like that is the proposition on the table right now if you want to exercise parenting time. And I would expect the new parenting time plan to order meeting half way.

Q: Can my ex have my son around his new girl friend who has lost rights to her own children, michigan?

1 Answer | Asked in Family Law and Child Custody for Michigan on
Answered on Oct 23, 2018
Brent T. Geers' answer
You would need to make the case to the court that this woman presents a threat or danger to your child other than her past.

Q: What rights do I have if I pay child support? And how do I find out if I have legal rights?

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Answered on Oct 23, 2018
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.

Q: My boyfriend has a old cps case from almost 2 years ago for child abuse that was closed and he lost his parental rights.

1 Answer | Asked in Child Custody for Michigan on
Answered on Oct 10, 2018
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.

Q: My ex-wife is trying to do a DNA test on my daughter, without my consent. Can she legally do this?

1 Answer | Asked in Child Custody for Michigan on
Answered on Sep 28, 2018
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...

Q: My child's father always supports our baby. We want to file for joint custody. I don't want child support. Possible?

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Answered on Sep 28, 2018
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.

Q: No current custody agreement between my fiance and his ex. Getting ready to go to court. What should we expect?

1 Answer | Asked in Child Custody for Michigan on
Answered on Jul 20, 2018
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.

Q: My ex owes me 14 hours of visitation time and now he is refusing to give it to me.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Answered on Jun 1, 2018
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.

Q: I'm in court for custody with my ex girl friend and a cop has now told me I have to return our daughter or its kidnap

1 Answer | Asked in Child Custody for Michigan on
Answered on Apr 5, 2018
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.

Q: If the custodial parent moves is there a way to make it so that they have to bring the child for visitation or pay?

1 Answer | Asked in Child Custody for Michigan on
Answered on Apr 5, 2018
Brent T. Geers' answer
Yes, but it will require a court hearing and order from the court.

Q: Can my wife leave our home and take our daughter with her?

1 Answer | Asked in Family Law, Child Custody and Divorce for Michigan on
Answered on Feb 15, 2018
Maureen Martin Caster's answer
Unless there is an order preventing this....Yes, she can.

Q: My husband pays $907 a month in child support. Wife refuses him parenting time. What can we do or can we sign off.

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Answered on Feb 8, 2018
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.

Q: My son has lived with his grandparents since he was an infant. Am I able to take him back from them?

1 Answer | Asked in Family Law and Child Custody for Michigan on
Answered on Feb 6, 2018
Maureen Martin Caster's answer
You may file a motion asking to terminate the guardianship.

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