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Plaintiff has not requested any legal responsibility of the child despite multiple requests for dna and legal obligations in 3.5 years, plaintiff frequently used court as a form of threat to continue control. Plaintiff has been charged with domestic violence and is now suing me for establishing... View More 
answered on Nov 4, 2024
Paternity is separate from custody and parenting time. Until paternity is established, the plaintiff in this situation (assuming it is the father) has no legal basis to even ask for custody or parenting time. That may well be on the horizon and his intention. However, custody and parenting time are... View More
I get my son 104 overnights a year according to the Michigan child support formula of 37 school weeks times 4 overnights per 2 week period. In my stipulated parenting order we highlight several holidays of which I get him 11 more overnights for a total of 115. My Ex's attorney stated that... View More
answered on Oct 9, 2024
I think you might be right. I'm not sure though whether it makes much of a difference to the child support amount. I would suggest you run calculations with both figures. Going from 104 to 115 overnights probably won't make a substantial difference to the amount.
My kids are currently in the care of their Father who I have a mutual understanding with. He is more than willing to allow me to see the kids but is concerned that doing so is against the law. Am I allowed to see them even though my rights have been lost?
answered on Sep 12, 2024
The question more so is whether the termination has been finalized. If that is the case, then it seems there would no longer be any legal prohibitions on you seeing the kids. Depending on what allegations substantiated termination of your rights, I suppose the father could be risking CPS... View More
My X started to hit and kick me and more. I yelled at her to stop, then I pull her hair hoping she would stop. The next day, I got arrested, officers only said I was under arrest for domestic violence. I thought when I get to jail, I would give my statement and they would that photos, no statement,... View More
answered on Sep 9, 2024
By your description of what happened, it sounds like the woman you spoke with at court was the magistrate who was arraigning you - not your attorney. She would have had no duty to you other than to advise you of your rights, what you're charged with, the maximum possible penalties, and to... View More
I am a paternal grandmother of a teenage granddaughter whose mother has custody of her and been living in terrible conditions. Right now she’s being evicted from a home she’s 3 months behind in payments. Last year she got evicted from a house with no where to go she was squatting with her 3... View More
answered on Aug 15, 2024
Not easily; And I'm sorry to hear the circumstances, which must be hard to see as a loving grandmother.
Unless and until the mother's parental rights are suspended or terminated, you have no real leg to stand on. I take it from the tone of your question that you do not have a... View More
answered on Aug 8, 2024
Is this for spousal support? Are payments to be made through the friend of the court? If so, you need to contact them for enforcement procedures. If not, you can file a motion with the family court to enforce the judgment. His attorney would have nothing to do with it as its standard for the... View More
Back in June my dad spanked my son for the first time he’s ever been spanked. It was handled in our household. A week ago my sister was venting to her therapist about family drama and the spanking was mentioned. Therapist reported it to CPS and they opened an investigation. They said they had to... View More
answered on Aug 1, 2024
Depending on a number of factors, they could either continue to "close" the case or file a petition, with or without a request to remove the child. In the short term, they will likely continue to insist on a home visit before "closing" the case, or use your resistance as... View More
A trust was created 11 days before the spouses passing trying to cut the other spouse out of a condo and pass it on to her kids even though the other spouse has contributed costs to the home . Does it matter if both spouses names are on the home deed? How does the Michigan property act apply to a... View More
answered on Jul 25, 2024
It very much matters whether both names were on the deed. It also matters - moreso - whether this newly created trust was funded. That would mean a deed was signed by the now deceased spouse placing the home into the trust. Even with that, the surviving spouse could elect his or her spousal... View More
I am currently in prison on several drugs related charges. I have a 4 year old child who is currently living with a family friend via POA due to the mother of my child having a no contact order on our child. The mother is currently on Felony probation on child abuse charge and obstruction of the... View More
answered on Jul 11, 2024
Your best course would be for whomever has custody of the child now to seek either third-party custody or a guardianship. The POA is a voluntary thing, and even with one in place, it would not prevent a parent from picking up the child whenever. Is there a CPS case pending? If so, all this would... View More
My ex leaves our daughter with his mother 90 percent of the limited time he has visitation. My daughter is terrified of her grandmother. The last exchange of her, the grandmother was in a minor car accident and my daughter was beyond scared because she was screaming at her and cussing at me on the... View More
answered on Jul 10, 2024
You can file a motion regarding parenting time, citing what you just stated here. Specifically, that he doesn't use his parenting time, shifting everything to his mother. I would help to get a copy of that police report from the state police incident.
answered on Jul 8, 2024
If you don't already have a custody determination, you'll probably want to file for both. Just know that they are technically two separate legal determinations with separate standards. A parent can have nearly equal parenting time while the other parent has sole legal custody for example.
My ex wife and I got a storage unit together before our divorce, but it was only put in her name. After our divorce she never allowed me access to it to get my belongings. Now she is selling my items. The things in the storage unit were not listed in the divorce. Is there any recourse for me to get... View More
answered on Jul 1, 2024
You are in a tough spot. Why didn't this come up during the pendency of the divorce? Presumptively, you signed or agreed as part of a hearing that everything was included and settled. As a legal matter, any remedy would be an uphill battle for you to establish. The old adage "possession... View More
I am writing to seek urgent legal assistance regarding my current situation. I recently moved to the United States with my wife and our two daughters. Before moving, I was the primary caregiver for our children and managed our home while also working, as my wife attended medical school.
Our... View More
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answered on Jun 27, 2024
This is a complex and concerning situation involving multiple legal issues. Here's an overview of some key points to consider and potential steps you might take:
1. Immigration Status:
- Without a valid visa or green card application in process, your immigration status is... View More
I share joint legal custody of my 17 year old daughter with her mother. I just found out she had breast reduction surgery without my knowledge. It was not medically necessary. Is this ok and what can be done about this?
answered on Jun 24, 2024
I think your daughter being 17, there are consent issues beyond joint legal custody. I don't think you'll fair well - with the judge or your daughter quite frankly - arguing that "hey, she really didn't need this", regardless of what she thinks or felt about her breast size.
When the will was drawn up. My daughter was the sole beneficiary of the life insurance. Now I want to add my son to get an equal share. It is only two hundred thousand, but I want it to be split between son and daughter.
answered on Jun 20, 2024
You probably don't need a codicile for this as much as you do a change to your life insurance's beneficiary designation. Unless your beneficiary designation calls for your insurance to go to your estate, the insurance company will pay out whomever is listed on the beneficiary designation... View More
One situation was picked up by the state with criminal charges that were dismissed on the first day of trial due to the children and I not being present. (we were informed by Voices for Children the evening before that court was adjourned- this was untrue- court proceeded the following morning).... View More
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answered on Jun 21, 2024
I understand you're in a difficult situation regarding visitation and child safety concerns. Here's some general information that may be helpful, but please note this isn't legal advice:
1. Document everything: Keep detailed records of any incidents, CPS involvement, and lack... View More
Long story short, my brother owns a farm with a house on one side of the street and another house, he built, on the other side. He owned both before he married. He wants and needs a divorce. He is selling the big house and moving into the little house with the farm because she has financially... View More
answered on Jun 10, 2024
I think he needs to think through this from the standpoint that the properties are likely part of the marital estate that would be divided through divorce. There are exceptions to that, but then he needs to consider whether 1) those exceptions apply, and 2) whether it's worth the cost to... View More
My boyfriends mom possibility filed court paperwork with his name against the mother of his child in regards to grandparenting rights, we are unsure if thats legal without his consent and what it falls under if it isnt legal. We guessed identity theft but we were unsure. We are currently trying to... View More
answered on Jun 6, 2024
It sounds, likely, that your boyfriend's mom filed a petition for grandparents rights on her own behalf. Such petition would necessarily allege her relationship to the child through your boyfriend, which is likely why he would be named in it.
If that is not the case - e.g., she filed... View More
And after signing those papers the hhs tells you by the way this office has something to say and I was arrest for a warrant
answered on Jun 4, 2024
If you had a warrant, I'm unsure there is anything legally you can do about it as the police can execute it any time or place. Same thing could have happened if you were to appear in court on the CPS matter; they could have taken you into custody then.
My Dad has a brain injury and my Mom is bad with paying bills. I am fine with being on their accts to help with finances. I want to make sure that if my Dad were to get into an accident or lawsuit that my being on their accts does not put me in a position to have someone come after my husbands... View More
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answered on Jun 2, 2024
Putting yourself on your parents' bank accounts can make it easier to manage their finances, but it does come with potential risks. If you are added as a joint account holder, you could be considered equally liable for any debts or legal issues associated with those accounts. This means that... View More
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