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Michigan Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Family Law, Criminal Law and Civil Litigation for Michigan on
Q: In Michigan, can I use recordings of conversations that I participated in, in a custody case or other case?

I already know about participant exclusion to mutual consent rule in michigan. Just wanted to know if you can use these in a family court case, or other court case.

Brent T. Geers
Brent T. Geers
answered on Jul 21, 2022

Possibly. But know that a lot of judges do not look favorably upon such recordings or unwarranted use of private investigators.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Under Michigan law, is it permissible for CPS to demand a parent to secure property without government assistance?

If a CPS investigation is open due to “failure to protect” from an ex-husband who tried to kill his wife and the children currently reside in foster care, can CPS legally draw out a case by making demands such as securing a car or a home without any government assistance, such as food benefits,... Read more »

Brent T. Geers
Brent T. Geers
answered on Jul 20, 2022

There's a lot more to these situations than what "the law" says. If there is a reason found under the child protection act or juvenile code to remove a child and initiate termination proceedings, then the struggle becomes compliance with the treatment plan for reunification. There... Read more »

1 Answer | Asked in Child Custody for Michigan on
Q: Hi my friend was the custodial guardian of his grandkids for a good number of years and the children were

Return to their parents and does my friend have any legal rights to visitation with his grandchildren since he was their primary caregiver for most of their life?

Brent T. Geers
Brent T. Geers
answered on Jul 18, 2022

Likely no. He may have a legitimate claim to grandparenting rights, but that is something he would need to initiate.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: My kid a runaway. White lake PD wont return her even w/my custody papers. Why not ? And how? What do I file next?

I went to white lake multiple times. They claim that no one has custody. Which is untrue. Now my mother is harboring a runaway and white lk PD wont allow me to file charges. Lilly is 13, suicidal and selling pornograph material online. No one cares. How do I stop this ???? I also tried to file... Read more »

Brent T. Geers
Brent T. Geers
answered on Jul 13, 2022

There is so much that can be going on with a child custody situation like this that it's really impossible for anyone to give you solid advice without knowledge of all the facts. The police are often reluctant to deal with what can be considered "civil / family" matters. Once the... Read more »

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: Can someone with 50/50 custody make exchanges at the police station due to safety concerns?

My boyfriend has 50/50 legal and physical custody. Last time we picked up his daughter they sent a threatening message about calling the cops over my driving. Though we did not do anything wrong. My boyfriend feels unsafe and bad for his daughter and wants exchanges to take place at a police... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 20, 2022

He can. The parents can always agree on an exchange point; if no agreement, then whatever is in the order stands.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Mom tricked me into signing wrong papers giving her full custody of my children, it was only suppose to be temp.

She tricked me into signing a paper saying that it was temporary, and it was for full custody. She had a lawyer and I didn't I trusted her and she is living her second attempt at raising children with my kids, because I asked for help, she did this in order to relive her lost parenthood, and... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 6, 2022

You're not going to get very far arguing you were tricked. You now need to focus on whether there is a legal change of circumstance or proper cause for the court to reconsider custody, and what are the best interest of the child factors.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Aunt is guardian my rights suspended she lives in Michigan I live in ky do I have to get lawyer up there in MI or KY

Aunt got guardian in MI do I have to go there and get my suspended removed and rights as there mother or can I do all this where I live in KY

Brent T. Geers
Brent T. Geers
answered on Jun 4, 2022

If the case is in Michigan then you would need to petition to terminate the guardianship here in Michigan or with a Michigan attorney.

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Federal Crimes for Michigan on
Q: I need to know how to go about reporting child abuse

It is extreme mental emotional and phycological abuse, as well as neglect.

Brent T. Geers
Brent T. Geers
answered on May 26, 2022

Call Child Protective Services.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Michigan on
Q: In an uncontested divorce, both of us want joint custody so does that mean we both pay half the child support?
Brent T. Geers
Brent T. Geers
answered on May 23, 2022

Good question and reasonable logic. Unfortunately, that is not the case. Child support is calculated using a formula that factors the disparity of income between the parents among other things. Even with joint custody, one parent is likely to pay the other parent some child support.

1 Answer | Asked in Child Custody for Michigan on
Q: I want to relocate to PR but I have a legal shared custody with mom of 50% each how can I fight full custody
Brent T. Geers
Brent T. Geers
answered on May 16, 2022

You potentially have an uphill battle. You need to show a change of circumstance or proper cause. You can move to PR, but it's likely going to come at the expense of Mom gaining primary custody, and you having parenting time in summers and major school breaks.

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: Can I file for child support after 6 years with no visitation rights

My son is 6 I’ve raised him with my family. His father is 100% Absent

I have serious concerns to the point we separated when I found out I was pregnant

Mental wellness

Substance abuse

Violence

Lying about sexual abuse

I have a lot of real... Read more »

Brent T. Geers
Brent T. Geers
answered on May 16, 2022

First thing is that you would need to establish his paternity. Until then, he is, as you expressed, just a stranger to the child with no legal right whatsoever, except what you've been allowing for.

Think of it this way: if I (a complete stranger on the internet) called you and asked...
Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Michigan on
Q: How can I go about getting guardianship or custody of my friend baby she is from Nj I am in Ohio
Brent T. Geers
Brent T. Geers
answered on May 9, 2022

Is there a father in the picture? If so, he will have priority over you if he is willing and able. If mom and baby are in New Jersey, than you all will need to deal with this there.

1 Answer | Asked in Adoption and Child Custody for Michigan on
Q: My boyfriend has full custody of his son. His mother got her parenting time taken an is not allowed to be anywhere near

The child. An no child support. We are wanting for me to adopt him. Is it possible. She goes months without calling my boyfriend to see if the child is still alive.

Brent T. Geers
Brent T. Geers
answered on May 2, 2022

Until you are married, no.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My JOD has a “stay in school district clause.” My ex wife wants to move my son out of dist. Is clause enforcible?
Brent T. Geers
Brent T. Geers
answered on May 2, 2022

Yes it is. Doesn't mean an argument can't be made by either party to change it based on best interest factors and what's going on now.

1 Answer | Asked in Divorce, Child Custody and Child Support for Michigan on
Q: Do I have to pay 100% of child support if it's joint custody or really not having to pay child support?

I'm the only working parent and the only one that can give our 3 kids full benefits. I would like to have physical custody of the kids. I am currently trying to file through as an uncontested divorce.

Brent T. Geers
Brent T. Geers
answered on Apr 29, 2022

Child support will be determined through the divorce proceeding. Having the majority of parenting time plays a large role in determining who pays and what amount.

1 Answer | Asked in Child Custody and Divorce for Michigan on
Q: If I have a pending divorce with no custody agreement, can I leave with my child for 6 weeks for work out of state?

I have a pending divorce case with no child custody agreement as of now. I have a job opportunity in Colorado for 6 weeks and it would help my career tremendously by taking it. I am wondering if I can leave for 6 weeks with my child so she can be with her grandparents and I take this opportunity in... Read more »

Brent T. Geers
Brent T. Geers
answered on Apr 27, 2022

Take your attorney's advice. That's what you are paying him or her for. And it sounds like your lawyer is spot-on. You could potentially hamper your entire case with your proposed action.

A divorce has been filed and the court now has jurisdiction over the child. Do not do...
Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My ex is attempting to homeschool 1 out of 2 kids without my input and won’t inform me of why.

We went to court last year because she homeschooled them the year before. Her mom taught them 2 days a week, 3 hours a day on animal studies, algebra, and religion only. Court order says I have to be involved in schools and that all communication needs to be to both parents. She won’t... Read more »

Brent T. Geers
Brent T. Geers
answered on Apr 6, 2022

Can you take her to court? Yes. Will you win? Depends on what you consider winning. If she has sole legal custody (as opposed to primary physical custody), you can argue but you have a tough road ahead, especially if you're proposing a drastic change in the child's education or a reversal... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: how do i change my custody agreement to another state?

my daughter is with her father every other weekend now. we are moving to texas and i need to set new parenting times

Brent T. Geers
Brent T. Geers
answered on Mar 31, 2022

Hold on! You need the court's permission to move the child out of state. Start with that first, and parenting time will be changed accordingly.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: False emergency hearing scheduled with no evidence and no lawyer for me

My ex has terrorized me for 10 years and the kids are almost in 12th grade and now he's called for an emergency hearing . There is no proof to his allegations. I put in a complaint that he wasn't giving the kids back. He is in Florida with them even! Why is that an emergency? He made... Read more »

Brent T. Geers
Brent T. Geers
answered on Mar 31, 2022

You need to find a family law attorney quickly, preferably in the county this case originates in. Or, contact the legal aid office that covers that area.

1 Answer | Asked in Child Custody for Michigan on
Q: I’m a single mom of three and my middle child father is not safe for her to be around I don’t know what to do.

Every time she’s there her dad and his wife fight she comes home a mess she wasn’t there for there last fight but there was a gun pulled in the last one I need help cps isn’t doing nothing. She’s been left with his wife 3 boys alone that’s not ok to me I’m low low income someone please... Read more »

Brent T. Geers
Brent T. Geers
answered on Mar 29, 2022

File a motion to change parenting time with the court. Most courthouses have what is often called a legal assistance center where you can get copies of the necessary forms and basic instructions on how to fill them out. You may also be eligible for a fee waiver, which they will help you complete.

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