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Michigan Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: if I have 50% legal custody is the other party allowed to refuse parenting time
Laurie Schmitt
Laurie Schmitt
answered on Mar 19, 2019

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...
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1 Answer | Asked in Child Custody for Michigan on
Q: Ex wife has alcohol issues,has primary custody but I want custody cuz she refuses treatment. What motions do i file?

I dont want any financial support from her, i dont want to cut the kids from visitation as long as its supervised, and just want to make sure i file all the proper paperwork.

Brent T. Geers
Brent T. Geers
answered on Mar 14, 2019

You'll need to file a motion to change custody. Parenting time and support will be evaluated along with that.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: I am looking for help on child custody law in Hartland, MI. It seems like I only have visitation rights only.

I currently only have visitation rights for my daughter. Our FOC was originally located in Detroit, but the mom wanted to transfer to Livingston County and I agreed. Livingston County FOC sent papers to an old mailing address and I never recieved the papers to show up in court to figure out custody... View More

Brent T. Geers
Brent T. Geers
answered on Mar 12, 2019

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... View More

1 Answer | Asked in Child Custody for Michigan on
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..

She was allowing the children to play on a treadmill unattended they are 2 3 and 6 yrs old. They had bruises and burn marks from falling off it .. The burn marks are from the belt of treadmill.

Brent T. Geers
Brent T. Geers
answered on Feb 25, 2019

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.

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: Do You Help with custody battles with parents who can't Co-parent with Thier Children's
Brent T. Geers
Brent T. Geers
answered on Jan 12, 2019

Your question is the essence of custody disputes heard everyday in courts. Without agreement, you'll need to be prepared to litigate the matter.

1 Answer | Asked in Child Custody for Michigan on
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

We live in mi and she lives in Kansas the court is here in Michigan and she filled a ppo on me. Now I can’t contact my kids or even pick them up and take them back to Michigan

Brent T. Geers
Brent T. Geers
answered on Jan 4, 2019

First things first: you must file an objection to the PPO immediately.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: Unlawful custody

Unwed father with no paternity test who is in prison just sentenced to 13 years and when initial arrest happend father and mother sign power of attorney over to Mother of father to release from Child Protection Services because child was with them while arrest happened now the fathers mother will... View More

Brent T. Geers
Brent T. Geers
answered on Jan 2, 2019

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... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: I found out my children’s father had a warrant out for his arrest for driving with a suspended license.

My concern is he’s driving with my children on his visitation days with a suspended license. I spent so much money on our case and I won sole joint custody/custodial parent. I’m trying to see if I should call cps or file a motion. He also had a warrant out for his arrest for this issue but... View More

Brent T. Geers
Brent T. Geers
answered on Dec 8, 2018

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... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: How can I get a court order for the other parent to do a dna test if he is in prison?
Brent T. Geers
Brent T. Geers
answered on Dec 8, 2018

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... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My exhusband has only seen my kids one day in 3 years and wants to come get them and take them to Tennessee

He has not been present in over 3 years but one day ? Our custody order was done in Georgia and neither of us live there .

Brent T. Geers
Brent T. Geers
answered on Dec 8, 2018

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.

1 Answer | Asked in Child Custody for Michigan on
Q: Can a custody case be moved to another county if the current jurisdiction is questionable due to family members realtion

There is a cousin married to a judge

Brent T. Geers
Brent T. Geers
answered on Nov 6, 2018

Possibly. Is the cousin married to the judge assigned to the case or just a judge in the same circuit?

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: Can my exe Make me drive half way to pick up our child.

There is no set parenting plan for driving yet. We go to the referee November 30th. Should I drive half way still? I moved with consent of my exe, bur failed to,turn in paper work. I did not agree to terms he wrote that didnt speak with me before hand. We have to re do out parenting plan coming up.... View More

Brent T. Geers
Brent T. Geers
answered on Nov 1, 2018

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.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Can my ex have my son around his new girl friend who has lost rights to her own children, michigan?

My son is 5, I have full physical custody and joint legal custody. The court says he has to go every other week to his dads. He now has a new girlfriend who has lost her children to the state for drug abuse. Can he have her in my son's life?

Brent T. Geers
Brent T. Geers
answered on Oct 23, 2018

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.

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: What rights do I have if I pay child support? And how do I find out if I have legal rights?
Brent T. Geers
Brent T. Geers
answered on Oct 23, 2018

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... View More

1 Answer | Asked in Child Custody for Michigan on
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.

If we decided to have a baby would our child be taken away because he has that old case with another girl? The case was in Michigan and that is where we also live.

Brent T. Geers
Brent T. Geers
answered on Oct 10, 2018

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... View More

1 Answer | Asked in Child Custody for Michigan on
Q: My ex-wife is trying to do a DNA test on my daughter, without my consent. Can she legally do this?

I have full custody, my daughter is 10. I refused a dna test because it does not matter to me, but I am unsure if she is mine or not. My daughter already has a lot of issues with mental health because of her mother, and is part of the reason I have full custody. The court has already strongly... View More

Brent T. Geers
Brent T. Geers
answered on Sep 28, 2018

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... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: My child's father always supports our baby. We want to file for joint custody. I don't want child support. Possible?

We've always come to agree on everything with our child and unborn baby. He has always been present and supported his children. I'm leaving, and we want joint custody. I do not want him to pay child support because he takes care of our child with me, I don't think it's necessary nor does he.

Brent T. Geers
Brent T. Geers
answered on Sep 28, 2018

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.

1 Answer | Asked in Child Custody for Michigan on
Q: No current custody agreement between my fiance and his ex. Getting ready to go to court. What should we expect?

They have been separated for a year, no child support order. The oldest is coming to live with us for the school year and is on SSI. What do we need to do? Mother wants to file for joint custody and keep the second child.

Brent T. Geers
Brent T. Geers
answered on Jul 20, 2018

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.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My ex owes me 14 hours of visitation time and now he is refusing to give it to me.

Our daughter went to a basketball tournament with her dad on my weekend and I have it in writing that he would return 14 hours of time. I have asked for 3 different dates and he now refuses me the time. I can't afford the $100 motion fee. Friend of the court knows about the issue and they just... View More

Brent T. Geers
Brent T. Geers
answered on Jun 1, 2018

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... View More

1 Answer | Asked in Child Custody for Michigan on
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

We're undergoing court procedures does this not interfere with that I've given her opportunity for parenting time and she's had some and bailed on some as well. I just want my child, and would like to know if what the officer said is true or if he is ignorant to the law. And since im... View More

Brent T. Geers
Brent T. Geers
answered on Apr 5, 2018

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...
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