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Michigan Child Custody Questions & Answers
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.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: We are trying to see if we have a leg to stand on to restrict the other parents visitation back to only supervised visit
Brent T. Geers
Brent T. Geers
answered on Nov 16, 2023

Has there been a change that occurred after supervised parenting time ended? Supervised parenting time is not intended to be permanent, and you need a reason for the court to order it.

1 Answer | Asked in Adoption, Child Custody, Child Support, Contracts and Family Law for Michigan on
Q: What would we need to do to have custody of our nephew for a while with consent from his father who has sole custody?

Father may go to set up place out of state and wants child taken care of while he makes sure about living arrangements and work. Childs mom is only allowed supervised visits if father agrees 1×/week. Mother is not a child in an adults body. We want to make sure that the mom cannot take custody of... View More

Benjamin Jeffrey Stoltman
Benjamin Jeffrey Stoltman
answered on Oct 25, 2023

What you are describing can either be accomplished through a delegation of parental authority (power of attorney) or through limited guardianship. A limited guardianship will take longer and will cost more, but offers Court oversight and protection if mom were to become an issue. A delegation of... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My wife chose to leave our home can I keep my children

I have concerns over their care if they are with her at her mother's.

John Michael Frick
John Michael Frick
answered on Oct 5, 2023

Unless there is a custody order in place, either parent may take possession of their children at any time. But don’t attempt to use force or the threat of force to secure possession of your kids and be sure to let your spouse know the kids are safe and with you.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: I live in michigan. My son's mother has sole custody but I have my son every other week.

Am I legally responsible for getting him to school?

John Michael Frick
John Michael Frick
answered on Sep 21, 2023

You are only legally responsible for getting your son to school on time during your time of possession.

1 Answer | Asked in Child Custody, Divorce and Family Law for Michigan on
Q: Divorced 50/50 custody. Got a drunk driving almost 3 years ago and now he is taking me back to court about this. Can he

What can he do in court? He is trying to take custody away from me and move. He said he has a lawyer and that she is going.to file a couple of motions. I don't know what they are but he said he wants to change our divorce decree because I violated it by drinking. First time that nothing... View More

Brent T. Geers
Brent T. Geers
answered on Sep 13, 2023

I think you've hit his motivation spot-on: he wants to change custody to leverage more money from you in child support. Can he file whatever motion? Certainly. Issues of custody, parenting time, and support remain so long as the child is a minor. Will he succeed? Who knows. He would need to... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Communications Law for Michigan on
Q: Can I use my own recordings of conversations between my ex-wife and I in Michigan court if she did not give permission.

Michigan appears to be, essentially, one party consent so long as the call is recorded by one of the participants.

I also told her numerous times I was recording all of our interactions to serve as a blanket statement.

She is consistently threatening to intentionally violate our... View More

Brent T. Geers
Brent T. Geers
answered on Sep 12, 2023

If you have a custody agreement, then the only thing that matters is whether she - and you - are complying with its terms. If you two are making further agreements, that's cool, but understand that an agreement isn't an agreement unless both parties agree. When one party says "we... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Michigan on
Q: My husband has two children with a women whom wants to give up all her right voluntarily.

We do not have money to pay for a lawyer we live paycheck to paycheck. we are trying to figure out how to do this.

Brent T. Geers
Brent T. Geers
answered on Aug 25, 2023

You could do a step-parent adoption. There are standard SCAO forms to help with this, but there would be costs and fees associated.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Is it possible to get a legal document stating that my son has the legal right to see his children on a regular basis?

He does not live with his wife and their 4 children; they live with her abusive parents. His mother-in-law was so verbally and emotionally abusive to him over the 10 years he lived with her that he had a complete emotional breakdown and moved out to an apartment by himself. The mother-in-law... View More

John Michael Frick
John Michael Frick
answered on Aug 25, 2023

Yes, as a parent he can petition the court for a divorce and request a possession/visitation schedule with his children.

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