Your boyfriend should really talk with a family law attorney beforehand. An unstated issue in all this will be whether any birth expenses were paid by the state. If so, that could generate a significant amount owed. Otherwise, your boyfriend's first cause of action would be to establish... View More

You may need to consider filing an ex parte order or other motion with the court.

If you want your parenting schedule entered as an order, you'll need to file the appropriate motion with the court or get an agreement signed by the other parent and entered.

Do you know whether the daughter's parental rights were terminated or if she just did not have legal custody? If her rights were terminated, then no, her kids would not inherit from your mom as termination of parental rights severs kinship; if the daughter just lost legal custody (e.g. the... View More

If you've already entered a plea at the adjudication, then you'll need to work with your attorney about possible appeal options. But generally, you cannot just change your mind (and your plea).

Is there a parenting time order? You can make a motion to the court about this.

Yes. And if the state funds any of the birth expenses, expect them to come after you.

Contrary to some opinion, judges are not mindless or impractical. Most every family court judge has seen this sort of scenario before. The dad will get some parenting time if he asks for it, and so long as he is appropriate with it. No, the court will not just send your son off on a plane or in a... View More

The child living in Michigan has nothing to do with your child support obligation. You are ordered to pay a certain amount unless modified legally. Once arrearages accrue, they don't go away.

What about the father? Depending on what's going on, you could try to pursue a guardianship. But if there is an available father, and custody is not appropriate with mom (your daughter), the father will take priority over you. It doesn't matter if you raised the kids; the court will first... View More

You should speak with an attorney versed in the Indian Child Welfare Act (ICWA) and Michigan Indian Family Preservation Act (MIFPA). Bottom-line up front is that different rules apply with native american children and families.

Child protective proceedings are an entirely different process, and decisions to move or reunite children are not made quickly. If you are 90 days into the case, I would actually be shocked if you said the court returned the kids to you that quick. The idea is that the court needs to see stability;... View More

What does your judgment of divorce say about legal custody? If you don't have joint legal custody, then if she went to jail, it's possible for the children to be placed in the care of someone else.

You may have difficulty terminating his parental rights, but have you thought about a step-parent adoption? Your ex may be inclined to voluntarily terminate his rights (and support obligation) in place of your spouse.

I wouldn't worry so much about what your grandparents can or cannot do as I would what CPS will do. You run the risk of CPS filing a petition and requesting removal of the children - potentially into foster care, and exposing you to termination of your parental rights.

Make no mistake:... View More

CPS is an investigative agency; they are not responsible for making custody determinations - that's up to a judge. Much like the police, CPS starts an investigation based usually on a call. You can make that call; but you also should realize that there are a host of "mandated... View More

Unfortunately it sounds like your daughter is going to need the services of a family law attorney.

Unfortunately, there's not much recourse. Your issue is more common than a lot of people realize. Fortunately, a lot of courts are becoming more aware of the issue, and particularly with certain companies, to the point where some courts have changed providers. All you can really do is what you... View More

Assuming you are the natural mother, and have at least joint legal custody, you would not need to file anything as by default, when one parent dies, the other parent has full legal custody. If you don't have legal custody for some reason, there would be other steps you would need to take.

If the kids will be staying overnight, you should. And if you want more parenting time, a bedroom would be essential.