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Michigan Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Michigan on
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?

The move was not discussed with me and I do not have the money to always go get him

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

Yes, but it will require a court hearing and order from the court.

1 Answer | Asked in Family Law, Child Custody and Divorce for Michigan on
Q: Can my wife leave our home and take our daughter with her?
Maureen Martin Caster
Maureen Martin Caster
answered on Feb 15, 2018

Unless there is an order preventing this....Yes, she can.

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: My husband pays $907 a month in child support. Wife refuses him parenting time. What can we do or can we sign off.

The last order says parenting time is agreed upon. But if they are forced to come over the kids will act out and cause major problems. The children asked us to sign off.

Maureen Martin Caster
Maureen Martin Caster
answered on Feb 8, 2018

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.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My son has lived with his grandparents since he was an infant. Am I able to take him back from them?

I was told I was unable to care for him properly and that I needed to do what was best for him. I was forced to sign temporary guardianship in 2013, they told me if I didn't they would take him from me permanently. I was mentally abused into thinking I was a bad mother. I have now been... View More

Maureen Martin Caster
Maureen Martin Caster
answered on Feb 6, 2018

You may file a motion asking to terminate the guardianship.

1 Answer | Asked in Family Law, Child Custody, Child Support and Public Benefits for Michigan on
Q: The state of Michigan named a guy the father of my two kids by default. He's not on birth

certificate and they do have His Last name. I was receiving state assistance at the time. Do he have legal rights to them? No DNA test was done.No contact from with him in 7yrs, do not know where he lives. I want to change their last name? He only fathered one child after figuring out actual... View More

John Joseph Rizzo III
John Joseph Rizzo III
answered on Feb 2, 2018

I do not think that the state trying to get reimbursement from him for the assistance you received gives him any legal rights to the children. He could file a paternity action to get rights to the child that is his, but if he has not done that and he is not on the birth certificate, I do not see... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Court order says we share transportation, but mother won't. Can I refuse to bring my son to her?

I am the custodial parent. There is a court order in place that states we share transportation. She must pick him up on her visitation time, and I pick him up when it's over. Last month she insisted I do the driving back and forth.

Brent T. Geers
Brent T. Geers
answered on Jan 30, 2018

You need to file a parenting time complaint with the FOC. If that doesn't resolve anything, you may need to bring this back to the court's attention through a motion. You would be best advised to continue doing what you are doing and not simply refuse to bring the child for parenting time... View More

1 Answer | Asked in Child Custody for Michigan on
Q: My sons mother is keeping him from me. We have no custody agreement in the courts. Can I keep my son?

We have no custody agreement in court. I was late for dropping off my son, she called the cops and they said they couldn’t do much since there was no agreement. Can I keep my son until her and I sign something? Otherwise I won’t be able to see my son. The friend of the court did say that her... View More

Brent T. Geers
Brent T. Geers
answered on Jan 29, 2018

You may be conflating two separate issues: parenting time and custody. If you have joint physical custody, that would imply that there has been a court order concerning custody. You should check all paperwork you've received from any court concerning this matter, or go to the courthouse and... View More

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: I have full physical and legal custody of my twin boys. My ex just got unsupervised visits after 6 yrs of supervised.

Now after 3 visits my twin 15 year old boys are acting up, vandalizing the school and running away. My ex had picked the boys up (not for her visitation) and did not let me know. Police had to go to her residence to bring them home. They ran away again after the police left. What can I do with... View More

Maureen Martin Caster
Maureen Martin Caster
answered on Jan 25, 2018

You should file a motion asking the court to go back to supervised parenting time.

1 Answer | Asked in Child Custody for Michigan on
Q: my child has been left with somebody for 3 weeks and still there can i go get my child
Maureen Martin Caster
Maureen Martin Caster
answered on Jan 25, 2018

That all depends on if there is a custody order and what it says. If there is no custody order or one that doesn't grant you custody, you should contact an attorney and file either a complaint or a motion and request and ex-parte order.

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: I have 2 kids mother cheated I would like a DNA test before paying child support I'm on both birth certificate
Maureen Martin Caster
Maureen Martin Caster
answered on Jan 25, 2018

This is not an easy to answer question as more information is needed such as: are you married to the mother and the age of the children?

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My husband has /sole custody of his daughters, they are currently with their mom... can he legally take them back?

One has been there since Nov 2014 the other 2 have been there since June 2015. Two of them really don’t want to be there, they don’t like the living arrangements. Their mom is always sleeping and their mom and her boyfriend are constantly fighting. He has told his ex that he was going to get... View More

Neil Colman
Neil Colman
answered on Jan 23, 2018

How long have his daughters been with their mother? If for an extended period of time, she might file a motion with the court seeking to change the custodial arrangement. The court order or Judgment grants him sole custody, so there's no reason why they should not be with him, absent my caveat.

1 Answer | Asked in Child Custody for Michigan on
Q: I have a baby with my live in boyfriend.. i am leaving him who gets custody

How do i go about getting full custody

Brent T. Geers
Brent T. Geers
answered on Jan 22, 2018

Initially, you will have physical and legal custody of the child. Your boyfriend may file a custody action, which could result in joint custody, or sole custody to either of you.

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: My bf signed off his rights to his kids 4 years ago due to a bad relationship. Can he find a way to see his kid now?

He had a drug addict gf. They both signed off rights because he knew he couldnt afford the child at that time with what she was doing. He has bettered himself now, new place, new relationship, new life. But he really wants to see his kid. It hurts him so bad that he had to sign off. Is there any... View More

Brent T. Geers
Brent T. Geers
answered on Jan 22, 2018

Termination of parental rights - voluntarily or by trial - ends the parent-child relationship. Unfortunately, there is likely nothing any attorney can do for your boyfriend at this point.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Can someone be on public property & take pictures or video of someone's house or people going in and out?

Regarding a parent that has joint custody currently, due to using slander, libel and perjury in court(with evidence of such obtained after a final order was entered). This parent has Been involved with Child Protective Services and was substantiated as the abuser regarding physical abuse and... View More

Brent T. Geers
Brent T. Geers
answered on Jan 22, 2018

While in public, you can generally take pictures of anyone or anything you can lawfully see. However, in a family court context, introduction into evidence of such pictures - done wrong - has a way of backfiring. You should consult with a lawyer.

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: I'm a non-custodial father with unpaid child support. Will this be held against me when filling for joint custody?

Michigan resident with default judgement of legal and noncustodial rights. never married to mother.

Maureen Martin Caster
Maureen Martin Caster
answered on Jan 22, 2018

When determining if custody should be changed, the judge must address the Best Interest of the Child. This is a series of questions set out by the courts to help the judge make the determination. Support is only one of those factors.

1 Answer | Asked in Child Custody for Michigan on
Q: If I have full legal/sole custody of my son, can I move out of state with him?
Brent T. Geers
Brent T. Geers
answered on Jan 16, 2018

If the child is subject to a custody order, there is likely a provision stating that you cannot move the child without court permission more than 100 miles or out of state. You may file a motion with the court for such permission, which will require notifying the other parent. Alternately, the two... View More

1 Answer | Asked in Family Law, Child Support and Child Custody for Michigan on
Q: I'm a custodial parent an I don't work,the courts put in I make 1542.67 a month. How can they do that?

I have our daughter who is now 15, 365 days a year. He rarely ever sees her, maybe once in a year an a half so I filed a motion to change parenting time. They wouldnt change it an still have it marked he has her 90 days a year an courts also base support off of overnights. How can I have them... View More

Brent T. Geers
Brent T. Geers
answered on Jan 11, 2018

The court is unlikely to enter a parenting time order for less than 90 overnights. The issue isn't so much how much parenting time he used, but rather how much time is reasonable. Ultimately whether he uses the time or not is up to him, not you or the court.

The $1.542.67 sounds like...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: My wife cheated on me and got pregnant, I’m sterile so I know it’s not mine. What are my legal responsibilities?
Philip G. Vera
PREMIUM
Philip G. Vera
answered on Jan 10, 2018

There is an automatic presumption that a child conceived during a marriage is that of the husband. That is the case regardless of any medical determination as to whether you are capable of conceiving the child or not. Should you desire to disavow the child, a DNA test would need to happen and a... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My 16 year old is not wanting visitation with her father but court forcing it. What can she do?

Her father had visitation revoked on and off over several years. Now after released from house arrest he is granted visitation even though not recommending by her therapist .

Brent T. Geers
Brent T. Geers
answered on Jan 4, 2018

You need to file a motion in court. Your daughter is at the age where the judge or referee may take her opinion into consideration, along with what her therapist suggests. Note, though, that a court is not controlled by either.

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