With established drug addiction, it is very likely the children will be removed from the unsafe, unhealthy environment. As a family member, you could request that the children be placed with you or other family members can step up and ask for the children's placement.

There's no legal advice that can be given under the information provided. I will say that she should find a way to "afford an attorney" as issues relating to custody are very complex. She should hire an experienced family law attorney who can then file the appropriate legal documents... View More

When you met with the FOC mediator, was it one of the FOC referees? Was there a statement of this agreement recorded by the FOC or the mediator? If so, you can order a transcript of what was stated on the recording. Short of that, you should consider retaining the services of an experienced and... View More

Are you seeking assistance about a criminal prosecution? Only the prosecutor can authorize a criminal charge once the prosecutor has reviewed the facts presented to determine if there is sufficient evidence to obtain a conviction.

That would depend on a number of factors which must be explored. In Michigan there is an act called the Revocation of Paternity Act (ROPA) which sets forth certain requirements necessary for one to avail himself of the relief available for revoking paternity. You should consult with an experienced... View More

First, you would have to get an Order changing custody of your son. I recommend that you engage the services of an experienced and knowledgeable family law attorney who can give you guidance. The attorney would either see if the other parent would agree to change custody and stop support, or the... View More

Without knowing the historical background it is impossible to answer your question. Are the children products of a marriage, or were they born out of wedlock? Why does he have "full" custody and not you? What "skeletons" might be in your closet? How long has he had... View More

Not easy to answer without knowing more of the history of the matter. Is there a court case involving custody, support, and parenting time filed? Were the children products of a marriage, or were they born out of wedlock? Is there already a court order in place regarding custody of the children?... View More

More likely than not the other lawyer will file a motion to enter an order consistent with what was placed on the record before the referee. Courts often do not allow for "buyer's remorse." Have a heart to heart talk with your attorney.

When did you get served with the divorce paperwork? A divorce action addresses all issues including property settlement, custody, parenting time, as well as spousal support (alimony). The summons you were served with states that you have 21 days in which to file an answer to the Complaint for... View More

Depending on the circumstances the father may have the right to prevent the adoption. I suggest you speak with an attorney familiar with adoption law.

The Court will generally not impose responsibilities on a 'guardian' if the guardian declines to act. Without knowing all the facts however, it is impossible to know exactly what will happen in Court. Has the guardian ALREADY accepted the responsibility? Is there some sort of change in... View More

Try writing it up as a motion and filing it in your divorce court. I'm not sure if such a motion would be granted.

Without approval of the other parent, to change a custody order you would have to prove by clear and convincing evidence that such a change is based on the best interest factors of the child.

No. Tou may violate the parental kidnapping statute. You must retain a competent attorney

First, do you have a Court order stating what time the child must be picked up? If not - you need one. You need a specific time. Then, you need to log the days she is supposed to pick up the child and what time she actually arrives. Once you can document a pattern of her failing to comply with... View More

Unless that person has a background where they could be determined dangerous to children (drugs, criminal, CPS, etc) or this person moving in would make it so the children did not have adequate sleeping arrangements, this should not jeopardize custody.

Kelly G Lambert III

This is something that your parents need to discuss, not you. Should your father want to pursuit custody of you, he would need to file a motion. Through that process, the judge or the Friend of the Court may interview you about how you feel about things. It is possible for him to have custody of... View More

Not unless the Plaintiff has filed a motion to extend the expiration date. Even if the summons and complaint have expired, the Plaintiff can file the complaint again and serve it within the new expiration date.