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Michigan Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: I was in prison for 4 year total. The state of Michigan still charged Me almost 500 a month in support
Brent T. Geers
Brent T. Geers
answered on Jan 15, 2022

Typically, the burden is on you to show the friend of the court you are incarcerated so that payments may be suspended. You now likely have arreages. Best thing you can do is contact the friend of the court and work from there. Don't wait until they start taking enforcement action such as a... View More

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: A father is telling the mother she can only see the child certain times because he is mad she moved on never married

If no custody agreement has been set besides between the two for every other week and now the dad isn’t ok with it because he is mad they are not together they have never been married he says she only wants the child to see her twice a week on her days off only during the day so the child can... View More

Brent T. Geers
Brent T. Geers
answered on Dec 23, 2021

This situation is why court orders exist. File a motion and get a court order for specific parenting time. That way, one person cannot just change their mind. Of course, parents can continue to agree to additions or changes. But an agreement requires two people to agree.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: Will a never married mother get in trouble for taking her child on a out of state day trip no custody agreement in place
Brent T. Geers
Brent T. Geers
answered on Dec 17, 2021

No. It is a father's obligation to establish custody and parenting time. Until he does, the mother is the sole legal parent to the child.

1 Answer | Asked in Child Custody for Michigan on
Q: (Michigan)create custody document

I want to have a document created that would give my daughter, living in Texas, custody of 2 grandchildren, living in Michigan, if anything happened to the father. Grand children live with father (mother deceased) and he is on board with this. What is involved and what is the approximate cost?

Brent T. Geers
Brent T. Geers
answered on Dec 14, 2021

The father would need to set this up as he is the one with legal custody. He could do this through a will. Cost will vary depending on his exact needs for estate planning.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My ex husband intentionally withheld my child from me and violated the in place court order , Made up false accusations

He had said my partner of two years touched my daughter and made a video of it , The video alone shows my 3 year old has been coached from him I need legal advice

Brent T. Geers
Brent T. Geers
answered on Nov 28, 2021

What relief are you seeking? If he withheld the child under an ex parte order, you should file an objection to that order; if he did so without a court order, then you should file a parenting time complaint with the friend of the court or look into filing other appropriate motions with the court to... View More

1 Answer | Asked in Child Custody for Michigan on
Q: Do I have to provide contact information to the other parent without him having any custody?

Per court order I have full physical and legal custody of my child, and her father has absolutely no parenting time. Do I still have to give him my phone number?

Brent T. Geers
Brent T. Geers
answered on Nov 22, 2021

You have to notify the friend of the court, and to the father unless you have a confidential address. If you have concerns for you or your child's safety, you can request a confidential address with the friend of the court.

1 Answer | Asked in Child Custody for Michigan on
Q: Ex wife blocked me and cannot contact the kids, been about 4 months and no response

Have not contacted courts yet because of new work schedule, move, and newborn at home. I have no custody rights except for limited visitation, would like to establish parenting time and to have regular visits with my kids without worrying that I cannot legally take any actions if she tries to keep... View More

Brent T. Geers
Brent T. Geers
answered on Nov 2, 2021

There's only one thing you can do at this point: file a motion with the court.

1 Answer | Asked in Divorce, Child Custody, Child Support and Domestic Violence for Michigan on
Q: I need a good divorce lawyer but looking for a Pro bono one, I'm disabled and have no income.

My husband controls all financial decisions in our lives. I'm also in poor health I can't drive so that's a problem when meeting lawyers or paperwork I need, husband thinks it's funny.

Brent T. Geers
Brent T. Geers
answered on Oct 4, 2021

Contact your county's legal aid office. Your chances of finding an attorney outside of legal aid to take on a divorce case pro bono is slim to none.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: I recently found out I had a son I had no idea about who resides in foster

Another man took a legal parentage of him who also isn’t around absent with the mother how can I go about getting my son

Brent T. Geers
Brent T. Geers
answered on Sep 29, 2021

You will need to proceed to establish paternity. You will need an attorney because it is a complicated area of law.

1 Answer | Asked in Child Custody for Michigan on
Q: Applying for emergency custody of children

I have a friend who was in a relationship, the gf went to work on the 10th and since hasn’t returned home, she has 3 kids, and has left the two youngest home with my friend since, they have since broken up, and the gf still refuses to come get her children from my friend who is not a legal parent... View More

Brent T. Geers
Brent T. Geers
answered on Sep 24, 2021

That's a tough situation. What does he want to do? He may need to call CPS, who will take custody of the kids and initiate action on the mother (and father). If he wants to keep them, he could consider petitioning for guardianship.

1 Answer | Asked in Child Custody for Michigan on
Q: Can a grandparent in Wisconsin take me to court for grandparent rights if I and my child reside in Michigan

My child’s father passed away and I moved to Michigan about 7 months after . There was no current grandparent rights established after his passing , however I am wondering if the other grandparent who lives in Wisconsin can legally take me to court if I live in Michigan . I had a current... View More

Brent T. Geers
Brent T. Geers
answered on Sep 24, 2021

She would have a tough, if not impossible, road. Generally, grandparents have very limited "rights" as it is, and carry the burden of showing to a court that it's actually contrary to the children's best interests not to have grandparenting time - a tough sell.

Can she...
View More

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: My son in law moved from Alabama 3 years ago and has a 4 year old son, whom the mother is insisting he abandoned him.

He speaks to his son 3 to 4 times a month but she is pushing for a ridiculous amount of child support but in order for him to spend time with his dad, he has to drive to Alabama. If he is paying child support of anything before court ordered, does she has the right to demand he cannot spend the... View More

Brent T. Geers
Brent T. Geers
answered on Sep 23, 2021

You, or he, should consult an attorney in Alabama. Generally, though, parenting time is not contingent on child support. You don't get to spend time with a child just because you pay child support anymore than you can be denied spending time because you don't pay. But your son in law... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My daughter is currently 12 years of age and does not want to go to her fathers home during the week days.

she claims it is to difficult to attend school, however her father lives 45 minutes away from the school.

Brent T. Geers
Brent T. Geers
answered on Sep 20, 2021

You may need to file a parenting time motion and bring this issue before the judge to decide. Neither you nor your daughter can unilaterally change the order.

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Michigan on
Q: The question is long so its in more info plz help

If my ex and i presumably have a child, and she was married had the husband sign the birth certificate with out my knowledge, and ive been sending money to help support and I find out the child is is not mine would I be able to sue to get money that I sent for presumed child if i have records ?

Brent T. Geers
Brent T. Geers
answered on Sep 15, 2021

Doubtful. It sounds like at this point you are sending her money out of the goodness of your heart and not pursuant to any order - in other words, the money you gave could be considered a gift. The law presumes that each party performs due diligence, and it doesn't sound like you took any... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Michigan on
Q: Should I file motion for custody or parenting time? What should my briefing show?

My ex falsely accused me of DV the night I escaped. I kept silent and plead guilty because he continued threatening me and because the only witness that could verify was my daughter. I couldnt put her through that. A few months later during divorce, he got sole custody. Ten months ago, he was... View More

Brent T. Geers
Brent T. Geers
answered on Sep 8, 2021

File for custody.

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: What are a father's rights while separated with only verbal agreement on visitation
Brent T. Geers
Brent T. Geers
answered on Aug 26, 2021

Depends on if you are married. If not married, then the father needs to establish paternity before any parenting time or custody will be ordered or enforced.

1 Answer | Asked in Criminal Law, Divorce and Child Custody for Michigan on
Q: I was picking up my sister for my dad and my mom called the cops on me for trespassing.

I have kind of a complicated situation. My dad asked me to pick up my sister for him from my mom's house. My mom is not a fan of me or my dad. Her and her husband came out and started screaming at me that I was not welcome and to get off their driveway while leaning into my car. I asked if I... View More

Brent T. Geers
Brent T. Geers
answered on Aug 21, 2021

Likely, they were blowing smoke. But in the future, you need to tell your dad that unless he is able to get an agreement or a court order authorizing you to pick up your sister from mom for parenting time, he needs to do it. Obviously it's a volatile situation, and you shouldn't be placed... View More

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: The mother of my child Is very uncooperative

The mother of my son name is Cassandra, she has 2 children David is her oldest son he is 6 now. The child we have together is 2 years old now, His name is Liam. Cassandra and I was in the room talking December 2018, with the door open and David was In the living room playing with his toys. He never... View More

Brent T. Geers
Brent T. Geers
answered on Aug 21, 2021

It's unnecessary an inappropriate to mention full names on a public forum like that. But it sounds like you may need to file a motion with the court where the mother and children live. Since you are the father to only the two year old, that's the only child the court can consider.... View More

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Michigan on
Q: I had voluntarily signed my rights off of my kids. I'm now married and pregnant. Am I able to keep this one?

I had voluntarily signed my rights off of my 4 children back in March 2021 after fighting with DHS for 2 years. I'm now pregnant, due December 2021), and married a different guy (not my other kids dad) and was unsure of if I'm able to keep this baby after he is born? I wasn't sure of... View More

Brent T. Geers
Brent T. Geers
answered on Aug 8, 2021

You can. But expect CPS to pay you a visit at the hospital or soon thereafter. There are some advantages to you in this situation because you voluntarily terminated. And that you have a different partner and apparently made some strides in your life further increases the likelihood that you can... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: When Should I get a temporary restaining order

My fiance has suddenly took off with the kids and has been gone without contact with me for 24 hours the last thing she said was that she was at her parents and that they're safe how long should I wait until I get a temporary restraining order to get my kids back.

Brent T. Geers
Brent T. Geers
answered on Aug 5, 2021

You may be looking at an ex parte motion situation, which by its nature should be done sooner rather than later.

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