Get free answers to your Child Custody legal questions from lawyers in your area.
I am moving out of state next month and my 17 yr old daughter is refusing to move with me. Do i have to give her dad custody or guardianship since he has never really been actively in her life or can i sign guardianship of her to herself?
answered on Mar 7, 2021
You cannot move out of state with a minor child subject to a Michigan custody order without the court's permission anyway. And at 17 years old, there's not much a court is going to do to make her go with you if she don't want to. If dad is stable, and daughter wants to, then custody... View More
5 years ago, her mom took her kids away from her. She started allowing her to visit the kids after she recovered from addiction, but refuses to allow the children to visit her, and her youngest son is not allowed to know that she is his mom. We would like to restore custody of her kids to her and... View More
answered on Mar 7, 2021
Depends of if your wife's parental rights were terminated, or if the children are with grandma under a guardianship. If under a guardianship, your wife can petition the court. If it's a termination, it is unlikely anything can be done.
They are court ordered to go every Friday to monday.i dont want to send them.I'm scared of going to jail
dad has warrents mom is in prison im maternal gma what can i do 2 get them do i have rights
answered on Mar 3, 2021
You - or more accurately, the parents of these kids are in a pickle. Assuming Dad has established legal custody, he and the mother could consent to you being the guardian. That actually might be a really good idea for both of them, because if Dad goes to jail or prison, and Mom is already locked... View More
My youngest is in foster care and his father is deceased. I want to fight to get him out. I can prove that I have everything I need to take care of him and have been sober for over 2 years. My two oldest are doing great with their dad and I’m able to speak to them but I’m beyond upset about my... View More
answered on Feb 17, 2021
You will likely need two different lawyers because your issues are with two completely separate areas of the law. Your warrant is the easier of the two to deal with, and you can start by contacting a criminal attorney in the area where your warrant is from. Your parental rights issue is far more... View More
He has joint legal custody also
answered on Feb 11, 2021
Is it parenting time or child support that is reserved? Ordinarily, it would be the child support. Regardless, that language means that either party or the court can revisit that decision.
My kids mother is wanting to move to Georgia and we currently live in michigan. We split up over a year ago and have been doing 50 50 custody with out haveing friend of the court involved. Can she move with my kids legally?
answered on Feb 8, 2021
Unless you have been determined to be the legal father, and a custody determination has been made (which would require court involvement), then yes, she can move.
Herein lies the rub with trying to do things outside of court: you can't expect the court to enforce or protect something... View More
The parents are not together, homeschooling was previously agreed upon in cour documents, however, now there is no schedule for homeschooling, the books are grade behind and/or missing, there is no set curiculem. Days are missed to accommodate custodial/step parents schedule. The child would like... View More
answered on Feb 6, 2021
The order CAN be enforced.
To do this 'right' you need to have the order changed, and from your description there is ample reason to ask for that, and if true, the Court would most likely agree and allow the modification.
DO NOT try to do this alone however, as the... View More
Father disgarees. School continues to mark them absent I am now charged with truancy. School states due to joint custody I need his approval first.
answered on Feb 1, 2021
Assuming you mean joint legal custody, then yes, you would need the father's consent to any major education changes. Have you discussed this with him? If not, and if in fact you are charged with truancy, you run the risk of being on the wrong end of a custody change.
The schedule that the judge gave me now is alot of back and forth with the father.
answered on Feb 1, 2021
Judges make decisions based on the best interest of the child; there is no "normal" parenting time schedule because every situation is different. That said, the intent is to create an equitable (not necessarily equal) parenting time arrangement. And with young children, the thought is... View More
The father claims our 1 child the past few years due to my disability and no taxes to file. I've never signed an 8332 tax form for him to claim the child. We never married either. We do not have any agreement through court for who claims our child on taxes. I read that the custodial parent is... View More
answered on Jan 7, 2021
You will likely need to file a motion in court to get any money back. Here's the thing: the IRS doesn't know what the custody status is of any particular child. They do match social security numbers, and that's how they catch people fraudulently claiming dependents: two people claim... View More
My ex and I share joint custody of our kids. I pay child support because she is on disability and her income is lower. She has been married for over 6 years, had surgery to untie her tubes, and is pregnant with their second kid. She just requested child support for our kids be reviewed and... View More
answered on Dec 31, 2020
Child support is determined on the basis of the ability to pay for both parents. The standard for modification is often a substantial and continuing” change, which can be caused by a change to either parent’s situation or both. As the last order appears to have been several years ago, it is... View More
I do not want to sign off on my child
answered on Dec 28, 2020
Not sure what's going on here. Do you have legal custody of the child? If so, then you now have sole legal custody; full stop. If the child currently resides with the brother, he may petition for guardianship....but if you are the child's mother, and your legal parental rights have not... View More
answered on Nov 10, 2020
Your question begs the response most family law practitioners and judges urge clients: everything revolves around the best interest of the children, not the parents. One of the best interest factors is the parents willingness and ability to facility the parent-child bond with the other parent. I... View More
He is seeking help for alcoholism she won’t even let them talk on the phone
answered on Oct 30, 2020
Too many unstated factors here....and it comes down to a bit of common sense. Is he drunk or hung over when his parenting time is to start? If so, I doubt any judge would think it's appropriate for a parent to exercise parenting time while intoxicated. If he is known to drink to the point of... View More
answered on Oct 14, 2020
Yes; you should seek advice from an attorney versed in abuse / neglect proceedings. "doing what they asked" is a necessary first step, but the law is far more complex than that, and many other factors are in play.
Ex wife didn't inform the court of her new job almost 2 years ago and her hourly rate came up significantly and we pretty much made the same amount. So continued to collect child support based on her lower wage amount. Can I ask it to be recalculated and back dated to when she got her new job?... View More
answered on Oct 7, 2020
It would depend on how much the support calculation actually changes. Parenting time is a separate issue from child support; you do not get "credit" for your ex wife not allowing you visitation.
My Ex’s fiancé has 3 separate domestic violence charges. He doesn’t have custody of his child nor does the child’s mother.
answered on Oct 2, 2020
Not necessarily. The concern for a family court judge would be what is going on now, not this person's past.
I’ve raised my son since he was one he’s now 5
6 70% overnights to her 30%. She is now withholding him for over a month physically and allowing him to talk to me 1 day a week on the phone.she ignores any questions I have that regard my son. The beginnings of a custody case is in... View More
answered on Oct 2, 2020
Sounds like you are on the path to a resolution through mediation. There will likely be a specific parenting time plan order put in place that you and she can rely on.
My ex broke into my home in june 2019 in which i pressed charges on her now husband for b and e and larsony. I didnt show up to court and it was dropped to disturbing the peace. now they are using the photos they took against me in a custody battle.
answered on Sep 29, 2020
Family law is civil in nature and not subject to the more stringent criminal law standards. How are the photos relevant? That should be the focus of your fight now.
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