Michigan Child Custody Questions & Answers

Q: How does the friend of the court work in regards to paternity, custody, and child support?

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Answered on Apr 17, 2019
Brent T. Geers' answer
The 2-month old's paternity is clear: he or she was born during the marriage and so your husband is by default the father whether he acknowledges it or not. The paternity of your oldest child is less clear, and you may eventually need a court ordered DNA test if your husband challenges paternity.

If you are planning for a divorce, it would seem that you could list both children, and paternity would be determined through that proceeding.

Q: My sister husband was cheating on my sister for over a month. Will he be sentenced for what he did?

1 Answer | Asked in Criminal Law, Divorce and Child Custody for Michigan on
Answered on Apr 17, 2019
Brent T. Geers' answer
Sentenced as in a criminal case? Not unless he was caught and charged with soliciting a prostitute or something like that. The police and prosecutors do not charge people criminally for cheating.

Q: What do I have to do for my Father to legally adopt me?

1 Answer | Asked in Adoption, Child Custody and Family Law for Michigan on
Answered on Apr 2, 2019
Brent T. Geers' answer
I am confused by your question. If the man you consider to be your father is on your birth certificate, I don't think an adoption is possible or even what you're after. The adoption process is, very simplistically, a means to name a legal father. In the eyes of the law, that man is already your legal father. Even if an adoption is possible, of course, it cannot change who your biological father might be.

Q: Had a one night stand with a lady she says she's pregnant now an im the father to the unborn child I want nothin to do

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Answered on Apr 1, 2019
Brent T. Geers' answer
The one thing you cannot get out of is child support if its determined that you are the legal father. Whether you are involved with the child (and the mother) is ultimately up to you.

Q: Non-custodial parent moved out of state without permission. Court soon, what to expect?

1 Answer | Asked in Child Custody and Family Law for Michigan on
Answered on Apr 1, 2019
Brent T. Geers' answer
If he doesn't show up, the court will likely grant you the relief you want. Just know that a court can only order specific parenting time; they cannot make a parent actually exercise it.

Generally, as the parent who moved away, he would be responsible for all or a significant portion of the cost to exercise parenting time.

Courts generally don't ask kids under 14 which parent they prefer, and even when they do, the judge uses the kids' opinion as just one of several factors in...

Q: Will the court reduce my CS Obligation (Michigan) (Genesee County)

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Answered on Mar 26, 2019
Brent T. Geers' answer
You may ask the Friend of the Court for an income review.

Q: My ex won't cooperate about pick and drop off times with my kids. He is unresponsive and being very passive aggressive.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Answered on Mar 23, 2019
Brent T. Geers' answer
You will, most likely, need to file a parenting time complaint with the Friend of the Court for any violations of the exchange times.

Q: if I have 50% legal custody is the other party allowed to refuse parenting time

1 Answer | Asked in Child Custody and Family Law for Michigan on
Answered on Mar 19, 2019
Laurie Schmitt's answer
If you have a court order that specifically defines your parenting time, the other party would be in violation of that court order if they refuse parenting time.

Legal custody does not have anything to do with parenting time. Legal custody defines who can make major decisions for the child such as where they go to school, medical issues, etc.

If you are not receiving your parenting time as defined in your court order, you can file a parenting time complaint with the friend...

Q: Ex wife has alcohol issues,has primary custody but I want custody cuz she refuses treatment. What motions do i file?

1 Answer | Asked in Child Custody for Michigan on
Answered on Mar 14, 2019
Brent T. Geers' answer
You'll need to file a motion to change custody. Parenting time and support will be evaluated along with that.

Q: I am looking for help on child custody law in Hartland, MI. It seems like I only have visitation rights only.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Answered on Mar 12, 2019
Brent T. Geers' answer
You will need to file a motion. You may do so either through a local attorney or some courthouses have a legal assistance center that can provide you with the appropriate forms to get you started. Until a motion is granted and a new custody or parenting time order is in place, things will stay the same.

Q: My kids mom has custody. I was wondering can i fight to have custody changed because she has a cps case open on her..

1 Answer | Asked in Child Custody for Michigan on
Answered on Feb 25, 2019
Brent T. Geers' answer
It's possible, but the fact that there is a CPS case open, alone, doesn't mean that it will result in an automatic change.

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.

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