You can probably amend the order to reflect your living situation, especially with consent and if public assistance isn't involved. At the very least, it should reflect equal parenting time. Should you continue to pay some child support through the FOC is a different question. Having seen many... View More

Like many things in family law, it depends. It depends on where the kids sleep now. It depends on their ages. It depends on their gender. It depends on what else is going on in the house, and with you. It mostly depends on if the other parent makes it in issue.

Unless CPS or the police get... View More

This is a far more complicated question than it might appear at first blush, and it depends a great deal on what your intent is.

For example: IF the spouse does nothing at all to maintain the property or contribute towards it (such as making payments on the mortgage or paying taxes or... View More

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

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

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.

File a motion with the court.

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

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.

Not sure that you do. We'd first need to determine what sort of survivor benefit you are talking about. Ordinarily, survivor benefits go to the surviving spouse, not children.

Without a court order - which would effectively be a child support order, I guess - I don't think... View More

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 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

No. A minor guardianship suspends parental rights. If there is one legal parent without concerns that would arise to threatening his or her parental rights, then the court cannot make a finding of need for a guardianship. If there is one legal parent, and that person agrees to have a grandparent be... View More

What information are you seeking? If the phone is in his name, then he has access to his records. Instead of involving the phone company, why does he not just download them and give them to you, or give you online access to those records?

If he is unwilling to cooperate, then you should... View More

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

Highly unlikely. If anything, a period of time for your son to get to know this man may take place. That could be in the form of video conferencing. Then, depending on how that goes, the father may be afforded some parenting time to take place here in Michigan.

I'm not sure there is a mechanism for a court to order that. Have you tried reaching out to him? I don't think there is anything legal that can be done at this point, but if you explain to him that all you're looking for is confirmation of your questions, maybe he'll oblige.

You really need to gather all records you have, including getting a copy of your payment history. It's not necessarily a question of how many years you paid; it's a matter of how much money you owe during the period you were ordered to pay child support. It is possible to have arrearages... View More

If the children are receiving state assistance, you cannot dismiss the child support case. The state, through the county prosecutor's office, will be involved and enforce a child support order.

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