Michigan Child Custody Legal Questions

It is currently difficult to estimate the amount of money that it will take to undertake and complete a representation. Most legal expenses are actually determined by the client, the opposition party, or the court. I would hope that your attorney would be able to give you some estimate of what the anticipated costs would be with the caveat that if things become troubled or problematical they may be significantly higher. It is certainly not illegal not to give you an estimate but rather work on an hourly basis. It is up to you to determine what you will or will not agree to.... Read Answer

You say you gave custody to the grandparents, but only a court can do that. So if there is a third party custody order in place and you have gotten your act together you can ask to modify the order and establish regular contact with the children with the potential of having them most of the time. The court may well order that the children continue to have regular contact with the grandparents. I suggest you get a lawyer.... Read Answer

It would appear that your sister-in-law has made a false police report or child protective services complaint. Assuming that the complaint has no merit I would still, if I were you, engage an attorney to assist and counsel you in dealing with the authorities. This form of harassment is not particularly unusual, but it is also very difficult to stop under the law given the fact that allegations regarding child abuse are always taken very seriously and making reports to the proper authorities is generally exempt. About the only manner in which you could sustaining action against your sister-in-law it would be to have her admit that the allegations were totally fabricated.... Read Answer

What kind of pills? Aspirin will not make a difference; illegally obtained oxycodone probably would. The mere fact of taking 'pills' does not decide anything about custody or placement. The court is supposed to promote the best interest of the children. And it will likely seek to understand the whole context of the relationships in the family. Good Luck. It's best to find a good divorce lawyer to represent and advise you.... Read Answer

The test everywhere is 'the best interest of the child.' In Wisconsin, if the order transferring 'custody' (which we separate from 'placement') was a final order entered within the past two years, you would also have to show that circumstances have changed, and that the change is necessary which mean that the child is suffering some identifiable harm from the present custodial/placement arrangement. After two years, the showing of necessity no longer applies. You'd probably benefit from consulting a lawyer in your area well-versed in family law.... Read Answer

You certainly have a right to try to keep him away from your daugterby moving the Court to amend its orders on custody and placement. But unless the felony committed involved direct harm to children, you'd have to show just how his company harms or could readily harm, your child. (Some people who have been convicted of crimes are actually quite decent people, so you might want to be certain this guy poses a risk, and that you are not just trying to punish your ex-wife.... Read Answer

Well he can try. If the parties cannot reach an agreement, one or the other can seek a hearing on a temporary order providing for matters which must be attended to during the pendency of the divorce. Generally, if you have primary physical placement of the child(ren), you are more likely to have the temporary but exclusive use of the homeunless he has a stronger need for it, such as if it is also his place of business. Consult an experienced matrimonial lawyer. It's almost always worth it.... Read Answer

Either one of you can live in the house and both of you have the same rights to the child. Don't sit on your thumbs and wait. File the divorce and make a motion for temporary orders asking the court to let you stay in the house (pending a final decree) get a temporary parenting plan and a temporary order of child support. Unless the house is his separate property, you will both end up with a portion of its value.... Read Answer

Absent domestic violence, both parties have the right (in family court) to reside in the family residence. It does not matter who owns the family residence. If the parties are tenants, the landlord may remove one or both occupants if there is a legal right to do so, but the family court will not.... Read Answer