The case will not be dismissed if she is actively pursuing it. Under what grounds would the court have authority to dismiss it? You could file for divorce since she apparently hasn't yet. That should be your next step.

The best course of action would be for the father to file a motion with the court.

The answer to your question depends on whether his is the legal father to the children. From there, unfortunately, it may become a race to the courthouse. Unless you are married, you as the mother would have initial custody of the children. But not, do not expect the police to help in this matter... View More

One step at a time....has your ex filed anything with the court? Until he does, and a judge agrees with him, the court orders remain in place. It will be hard for any attorney to give you a definite opinion without a pleading. What can be said is that if your ex wants a change, it will be his... View More

You would have the opportunity to present evidence on what's called the Best Interest of the Child factors before the judge determines custody. However, keep in mind that the court must determine custody going forward; that he has left you to do the work because you are there is not... View More

Breath. Understandably, you've never been in criminal trouble before and are imagining the worse possible scenarios. You will likely not see any jail time, and so long as you are otherwise financially qualified, will remain free to buy a house. And if something like a single misdemeanor retail... View More

Legal separation will do everything a divorce does except make you legally divorced. You could do so to help bring some certainty to the economic situation. However, your husband could counter file for divorce. Michigan is a "no fault" state when it comes to divorce, and it only takes one... View More

Yes, medical coverage will be a part of the child support order. At a minimum, your ex will be responsible to the state for reimbursement of birth expenses. And so long as he (or you) have access to private insurance, one of you will be required to keep the child covered.

You may petition the court for termination of the guardianship, showing that you are stable and willing and able to receive your child back.

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... View More

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... View 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,... View 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... View 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.

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... View 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.

The question now... View More

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.

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

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.

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... View More