Michigan Child Custody Legal Questions

I would need more information to fully answer this question but from what you have stated, I will give it a shot. If you have temporary custody, that should be pursuant to some sort of court decree. That temporary custody statement should spell out the custodial arrangement until a permanent arrangement can be made by the court. If you feel that your ex is violating the court order you should alert the court of this. If you know there is an arrangement temporarily in place, but just do not have a copy, you should contact the court where it was issued and get yourself a copy.... Read More

Child support normally stops when a child turns 18. But, a court can order support for a child who is between 18 and 19 ? if: The child is still in high school and lives full-time with the parent that gets child support, or t he child is still in high school and lives in an institution. Since the child seems to have dropped out of school it is unlikely that a court would order support payments to continue after 18.... Read More

What you are looking for is something called emancipation, which basically takes away your parents ability to control your decisions. Any minor who wants to be emancipated files a petition in the Probate Court, in the county where the minor resides. The Petition for Emancipation (Michigan Approved Court Form PC 100) must be completely filled out and signed by the minor. For the judge to make this determination the minor must be able to show that: - Parents or guardian do not object or if they do object they are not providing support to the minor. - The minor is at least 16 years old. - The minor is a resident of Michigan and that particular county. - The minor can manage his/her own finances and has either employment or means of support other than Public Assistance such as Food Stamps, TANF, State Disability. - The minor has the ability to handle personal and social affairs (including proof of housing). The minor understands his/her rights and responsibilities under this law. (The minor must read the emancipation law and understand it.)... Read More

He cannot. The only thing he could do would be to file a change of custodial arrangement with the court and argue that it is not in the best interest of the child to be around you. He would have to make very serious allegations about why you should not be around the child as a change is custodial arrangement has a pretty high bar. The primary factor that the court always looks to in custodial challenges is the best interests of the child.... Read More

Under the circumstances described it should not be difficult but you are pre-mature to do so on the statutory authority only which requires two years of no parenting and no support. Additionally, please realize a termination of rights (parenting time and/or visitation and input) does not necessarily mean a termination for obligations for support. You should prepare the way by seeing an attorney and starting to build your case.... Read More

I would at least get a power of attorney and temporary guardianship signed by him and preferably his wife to allow you and your daughter to take care of the children. As usual, if you do it cheaply and without court, it is possible that you will have problems later but that is a risk you will have to undertake.... Read More

There is a presumption that the natural parents of a child have a right to custody of the child. An unwed mother would have automatic custody (because it is obvious that she is the true mother as she gave birth), though by proving via a paternity test that someone is the father, that person can petition the court for custody as well.... Read More

Given the facts as you present them, it is unlikely that a court would give your husband unsupervised custody. The child support payments alone will not be enough. A court will look to what is in the best interest of the child in determining whether it will modify the current custodial arrangement. I would recommend contacting an experienced family attorney in your area to assist you with this process, as it can be tricky. Make sure that you are recording any threats that come your way as well.... Read More

I would recommend seeking an emancipation from the parent. Emancipation basically means that you would be free to make your own decisions and that the rights of the parent are reduced. Emancipation can occur automatically, for example if you get married or if you are on active duty in the military. Emancipation can also be achieved by petitioning the probate court. You will need to file a petition for emancipation with the probate judge in the county where you reside. The forms are available online and additional help in filling them out can be found from Michigan legal aid. You will also need a signature from another adult such as a clergy member, school counselor, or social worker.... Read More

In Louisiana, the mother's parental rights can be terminated for purposes of your adopting your step-daughter (called an intrafamily adoption) if the mother has failed to comply with a court order of support for over 6 months or if she has failed to communicate or attempt to communicate with the child for a period of over 6 months.... Read More

I would have to review the judgment of divorce and its provisions. Generally, at least in Michigan, a sole legal and physical custody parent, regardless of the fact that they have a legal right to do so, must seek the permission and provide notification to the court that they are removing the children from the state where the court has jurisdiction. This is normally a formality, but a necessity. If you have already moved you should file a motion with the court to at least inform the court of the current situation.... Read More

It is clear that you are aware that, if you pick up the child without the father, that there will be additional complications and problems. Before I can render an opinion I would have to look at the present order or divorce decree. As a general matter, if transportation is to be provided by the noncustodial parent any reasonable adult can be delegated that duty and authority. That does not mean it would be wise for you to undertake that duty. Additionally, if I were to counsel you regarding it and the order in effect allows it, I would suggest that you have with you a copy of the current parenting time order as well as a written power of attorney, valid driver's license, and proof of insurance as you already know this is going to cause all kinds of additional problems.... Read More