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Michigan Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Civil Rights and Family Law for Michigan on
Q: Do I need to retain a civil rights attorney or file for grandparents custody or both? In what state?

I had my innocent and now scared and confused baby girl while traveling through MIchigan. All family and myself live in Ohio. Hospital said she had withdrawals 10 days after birth conveniently once cps went there. they Took temp custody. Did not offer any other option but foster care. After 6... View More

James L. Arrasmith
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answered on Jan 24, 2024

Navigating a situation involving child custody and child protective services across state lines can be complex and emotionally challenging. In your case, involving both Michigan and Ohio, it's essential to understand that child custody and welfare cases are generally governed by the laws of... View More

1 Answer | Asked in Divorce, Child Custody, Child Support, Civil Rights and Family Law for Michigan on
Q: Re on case papers on a dm case number what does that mean?
James L. Arrasmith
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answered on Jan 21, 2024

In the context of a legal case, "re" on case papers with a docket number typically stands for "regarding" or "in the matter of." It's used to indicate the subject or nature of the case. So, when you see "re" followed by a case number, it signifies that... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Michigan on
Q: My soon to be ex husband has washed our 7yr olds’ mouth out with dish soap, on multiple occasions. What do I do?

In the past month there’s been atleast 6 incidents of him doing this to our child. All because of daily reports from school. He only has our child for a few hrs on Wednesdays and every other weekend. So sometimes it’s from something that happened a week prior.

T. Augustus Claus
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answered on Dec 20, 2023

If your soon-to-be ex-husband has been washing your 7-year-old's mouth out with dish soap on multiple occasions, it's a serious concern that may warrant immediate action. Document each incident, including the date, time, and circumstances surrounding the washing, and gather any evidence... View More

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: My parents are living separate and I want to move back into my dads house, she wants to go back to guam though.

My parents are living separate so technically I still legally live with both since they're not divorced. I live with my mom in Michigan, I want to go live back with my dad since hes asking me too because of my mom's ignorance and my moms boyfriend always coming over to where I live... View More

James L. Arrasmith
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answered on Nov 19, 2023

In Michigan, if you are under 18 and your parents are not yet divorced, both parents still have legal responsibilities towards you. If you choose to live with your dad and your mom moves to Guam, this arrangement can be legally permissible as long as your basic needs are being met and you are in a... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Is it legal to put hidden cameras in my home to collect evidence that my child's dad is abusing him without him knowing?

I am planning to leave my boyfriend (father of my 2 young children) but I intend to win majority custody. I know for a fact he is not a fit parent to have majority. I am the only one who takes care of the children's needs and he is physically abusive to them. I need to collect proof of this... View More

Brent T. Geers
Brent T. Geers
answered on Nov 14, 2023

Can you? Probably. Should you? Probably not. I understand what your intent is, but a lawyer's job is sometimes to make you aware of the unintended affects you may be unaware of.

Consider this: You leave him and file for custody alleging that he abused your child and you have video...
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1 Answer | Asked in Child Custody, Civil Litigation and Civil Rights for Michigan on
Q: Can I take legal action against someone for lying on an ex parte motion in a custody case?

Can I pursue legal action against someone who lied on an ex parte motion, causing my stepchildren to be temporarily taken away? They falsely claimed the children were in harm, that we won't protect them, and accused me of attacking them. I have video evidence disproving their statements and... View More

James L. Arrasmith
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answered on Mar 24, 2025

You may have options for addressing false statements made in an ex parte motion. In most jurisdictions, knowingly lying in court documents can constitute perjury, which is a serious offense. Your video evidence and witnesses could prove valuable in demonstrating these falsehoods to the court.... View More

1 Answer | Asked in Child Custody for Michigan on
Q: Filing 4 custody, writing a formal letter to judge. Can a witness provide a statement but remain anonymous to defendant?

This witness is a neighbor to my child’s father who lives with his parents and has seen many things (domestic violence, severe alcohol abuse, aggressive breed dogs not being restrained properly etc.) she is concerned her name would come out to them and she would face scrutiny and drama from them... View More

Brent T. Geers
Brent T. Geers
answered on Dec 1, 2024

No, for two reasons: 1) a written statement means nothing without the ability and willingness to testify in court. 2) Due process requires all litigants and opportunity to confront and challenge adverse statements.

1 Answer | Asked in Child Custody for Michigan on
Q: Will a court allow video and/or text to prove verbal and mental abuse in a child custody case?

Not married but we share a child. I left our home after years of verbal/mental abuse. Never took him to court for it. I finally got the courage to move out now after 50 days of being gone he is suing me for sole custody of our 7 year old daughter who he has also been verbally and mentally abusive... View More

Brent T. Geers
Brent T. Geers
answered on Oct 28, 2024

Possibly. The judge will be interested in all relevant evidence pertaining to the 12 best interest of the child factors.

1 Answer | Asked in Child Custody for Michigan on
Q: When should I try to get my child back 50/50 after catching a felony and 2 misdemeanors?

I got caught back in feb with methamphetamine I went to jail for 1 month then to rehab for 3 months since out on bond 2 misdemeanor charges popped up for larceny which I am taking to trail which is not till dec or Jan. I’ve been going to chance for change randomly since the end of June when I... View More

Brent T. Geers
Brent T. Geers
answered on Oct 16, 2024

You'd be best off to wait until all of your criminal matters are complete.

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: Does terminating my parental rights cancel my child support order

This is an out-of-state issue, my daughter has decided she wanted to live with her dad, so she changed domicile to Michigan. I was ordered to pay child support, however, I have no communication with her because she won’t answer my calls, text, and neither will her father. I don’t want to pay... View More

Brent T. Geers
Brent T. Geers
answered on Oct 3, 2024

Unless there is a step-parent adoption, or you can get the father to agree to no support, there will be a support order. The law and public policy prohibit you from simply terminating your rights as an end-around to a child support obligation.

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for Michigan on
Q: what is my next step if i lost custody of my child and the Supreme Court won't hear my case?
Brent T. Geers
Brent T. Geers
answered on Sep 30, 2024

You should consult with an attorney and see if a federal issue is present in your case. Otherwise - and realistically - it is unlikely any court will overturn this decision.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: i have a friend who is not married and has a kid with her boyfriend. she wants to leave but he threatens to take baby

He threatens to call the cops and say she’s unfit to make sure she can’t leave. he makes her feel it’s an impossible situation to get out of. he doesn’t abuse her. she just doesn’t want to be with him anymore. What can she do. Will she be able to leave ? Does he have any parental rights... View More

Brent T. Geers
Brent T. Geers
answered on Sep 9, 2024

First things first: yes, she can leave. While he may be the legal father, the mother has initial custody.

She should prepare to leave when it is safe to do so (e.g., has some place to go).

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: I’m searching for parents of a child in my care. How long does it need to be in the newspaper?
Brent T. Geers
Brent T. Geers
answered on Aug 18, 2024

How long has this been going on? Have you considered petitioning for custody / guardianship?

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My baby's father took my baby, is refusing to let me see her, & the police won't let me. What can I do?
Brent T. Geers
Brent T. Geers
answered on Aug 5, 2024

You need a court order. The police will otherwise not interfere.

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Constitutional Law for Michigan on
Q: if I was a victim of domestic violence 3 years ago from my son's father and I have multiple photographs of The assault,

but in fear for my life never reported the abuse, then this year he called the cops lying saying i attacked him and had me arrested based on an audio recording from a fight a verbal argument when he crashed and hacked into my Wi-Fi breaking my new router but didn't have any physical evidence... View More

Brent T. Geers
Brent T. Geers
answered on Aug 5, 2024

You could try, but I doubt a prosecutor would want to charge something like.

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Michigan on
Q: What are implications for child support/custody? I am from Ontario and the mother is from Michigan?

Does it matter where the child is born? We live together in Michigan currently.

Brent T. Geers
Brent T. Geers
answered on Jun 3, 2024

It matters greatly and particularly where the child lives as that establishes jurisdiction. It sounds like that would be Michigan for you, which means Michigan courts and law will apply.

1 Answer | Asked in Child Custody, Child Support and Divorce for Michigan on
Q: Can a parent get custody if they don't have a job or a drivers license?

My husband is saying he is keeping the kids and getting full custody of our kids because I don't work and don't have a drivers license. I do everything for our kids, and all the housework. He also says he isn't paying child support because he already pays child support for his other... View More

Brent T. Geers
Brent T. Geers
answered on Feb 28, 2024

That's not how child custody works. If it were, a lot of people would not have custody. The court determines custody based on the best interest of the child factors.

1 Answer | Asked in Child Custody for Michigan on
Q: How do I get custody of my daughter from foster home
Brent T. Geers
Brent T. Geers
answered on Feb 28, 2024

No one can answer that without knowing why your daughter is in the foster home. If she's there due to a CPS petition, then you need to go through the court proceedings to resolve those issues.

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Michigan on
Q: An email from opposing counsel to my counsel shared docs of illegal activity by their client. Can I share with police?

My ex & his wife record my convos w/my daughter while she's w/them. Is this eavesdropping? They shared the docs w/date/time/length/and summaries w/their lawyer who shared w/my lawyer & he shared w/me. Can I file with the Michigan State Police - criminal since they shared?Opposing... View More

Brent T. Geers
Brent T. Geers
answered on Jan 11, 2024

What does your attorney say about it? Presumably, he or she saw the same documents. You should not do anything without their advice as it may unintentionally impact your present case.

1 Answer | Asked in Child Custody, Family Law, Domestic Violence and Gov & Administrative Law for Michigan on
Q: In Michigan, any funding for legal help from Dept. of Health & Human Services for parents in custody battle w abusive ex

Ex was abusive in marriage. Had an affair and theyre now married. She is controlling and he as well and are keeping the kids from me. Will not allow phone calls or anything. Have now refused to allow parenting time visits. Tell kids to keep sports activity info from me. To point of me not knowing... View More

Brent T. Geers
Brent T. Geers
answered on Dec 27, 2023

There is no state funding or a right to an attorney in family law matters like in criminal law. However, you may contact your county's legal aid office to see if you qualify for legal assistance.

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