Michigan Child Custody Legal Questions

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287 legal questions have been posted about child custody by real users in Michigan. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include family law, adoptions, and child support. All topics and other states can be accessed in the dropdowns below.
Michigan Child Custody Questions & Legal Answers - Page 2
Do you have any Michigan Child Custody questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 287 previously answered Michigan Child Custody questions.

Recent Legal Answers

Does my husband still have to pay child support when his daughter is 18 if she is not in school?

Answered 10 years ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Good question, what does the divorce judgment say. If she is proceeding toward a diploma I suspect she could be entitled to continuing support. See an attorney with the details.
Good question, what does the divorce judgment say. If she is proceeding toward a diploma I suspect she could be entitled to continuing support. See... Read More

What do I do to legalize the custody of my son?

Answered 10 years ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If the paternity was legally established it would appear you are the sole surviving parent and would be presumed to have custody and responsibility for your child. Is someone disputing that?
If the paternity was legally established it would appear you are the sole surviving parent and would be presumed to have custody and responsibility... Read More

How do I this toxic relationship and keep my daughter away from a drug abusing, mental unstable father?

Answered 10 years ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Yes, you need an attorney, and should be leaving the relationship and seeking custody of the child. To do this legally you will need a court order.
Yes, you need an attorney, and should be leaving the relationship and seeking custody of the child. To do this legally you will need a court order.
If the child is aged out it would appear there is no guardianship. There is no child, just a young adult.
If the child is aged out it would appear there is no guardianship. There is no child, just a young adult.

If a woman is pregnant by another man going through a divorce, whose name should be in the birth certificate?

Answered 10 years and a month ago by Michael B. Dungan (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
Parentage of the child will have to be established as part of the divorce case, the judgment of divorce will declare the identity of the bio father, if she is working with a divorce lawyer, she should disclose the pregnancy immediately.
Parentage of the child will have to be established as part of the divorce case, the judgment of divorce will declare the identity of the bio father,... Read More

If a woman is pregnant by another man going through a divorce, whose name should be in the birth certificate?

Answered 10 years and a month ago by John F. Brennan (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
She needs to discuss this with her attorney. It can be handled, she is looking in the wrong place for advice.
She needs to discuss this with her attorney. It can be handled, she is looking in the wrong place for advice.

What can I do if my stepdaughterโ€™s mom is trying to prove that I am an unfit stepmother?

Answered 10 years and a month ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Defend yourself. She will try, your have to fight her. Get an attorney.
Defend yourself. She will try, your have to fight her. Get an attorney.

If my husband were to die before the children reached 18, who would get the children?

Answered 10 years and a month ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Not easily if she does not agree. See an attorney. You could seek to have her rights extinguished and adopt them.
Not easily if she does not agree. See an attorney. You could seek to have her rights extinguished and adopt them.

Can my ex husband prevent me and my child from going on vacation?

Answered 10 years and a month ago by Michael B. Dungan (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
Your ex is 100% wrong, go on vacation.
Your ex is 100% wrong, go on vacation.

What legal options do I have if my daughterโ€™s mother wonโ€™t let me see or talk to my child?

Answered 10 years and a month ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You will need to bring a legal proceeding to gain an order granting you paternal rights.
You will need to bring a legal proceeding to gain an order granting you paternal rights.

We are getting divorced and my husband's complaint requests temporary and permanent custody, does this mean sole custody?

Answered 10 years and a month ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
It means he wants to be the primary custodial parent, at a minimum.
It means he wants to be the primary custodial parent, at a minimum.

Is the husbandโ€™s overtime included in determining child support?

Answered 10 years and 2 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Actual income is what counts, including overtime. It can be argued and proven it is going to change but that is a tough argument when faced with historical fact.
Actual income is what counts, including overtime. It can be argued and proven it is going to change but that is a tough argument when faced with... Read More

As the father, how can I accomplish get full custody as the mother wants me removed from child support?

Answered 10 years and 2 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Do it right, get an attorney who practices in the Court you were divorced. If this is by agreement it should easy, you child is too dear to put at risk. And by the way, she will have to contribute child support to you once the change is accomplished. Good luck.
Do it right, get an attorney who practices in the Court you were divorced. If this is by agreement it should easy, you child is too dear to put at... Read More

Do I have any say in where school to go or is there any legal obligations in which I am entitled to?

Answered 10 years and 2 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Generally no, you are not yet an adult and therefore are under the control of your parents.
Generally no, you are not yet an adult and therefore are under the control of your parents.

Can my husband adopt the boys if my he hasnโ€™t had anyone contact with our sons in 2 years?

Answered 10 years and 2 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You are at the point where that might well be possible. You may have two choices, elimination of his parental rights but a continuation of his support obligation of an elimination of his parental rights and adoption by your current husband. Move quickly, if he sees the light and takes or attempts parenting time.... Read More
You are at the point where that might well be possible. You may have two choices, elimination of his parental rights but a continuation of his... Read More

Can my ex-husband sign a consent if I was married when I had my son and I put a different man's name on the birth certificate?

Answered 10 years and 2 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If, in the final divorce decree, your ex-husband disavowed the child and was not ordered to pay child support that should have eliminated his legal interest and he should not be signing consents.
If, in the final divorce decree, your ex-husband disavowed the child and was not ordered to pay child support that should have eliminated his legal... Read More

What do I do so CPS can't take my baby?

Answered 10 years and 3 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If your children were taken due to your incarceration you should be able to regain your children. I suspect there are other facts. CPS will tend to seek to take your yet to be born child if they become aware of your pregnancy.
If your children were taken due to your incarceration you should be able to regain your children. I suspect there are other facts. CPS will tend to... Read More

How do I revoke the rights of my child's biological dad so my husband can adopt her?

Answered 10 years and 3 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
See an attorney. You might have a case but generally it will be necessary to have him volunteer to give up his rights.
See an attorney. You might have a case but generally it will be necessary to have him volunteer to give up his rights.

Can my son come to live with me when he turns 12?

Answered 10 years and 3 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
With no court order, you can do as you and mom agree to.
With no court order, you can do as you and mom agree to.

What would my husband of almost three years have to do to adopt my ten year old?

Answered 10 years and 3 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
It appears that should be possible but I need the details. There are two issues, his lack of visitation and lack of support if the adoption is against the fathers will. Engage an attorney.
It appears that should be possible but I need the details. There are two issues, his lack of visitation and lack of support if the adoption is... Read More

What my rights are or what I need to do to ensure that he has to comply to counseling to prove that he is reliable?

Answered 10 years and 3 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
See an attorney with the details. From the information given it appears he has a very weak complaint but I need the details to form a valid opinion.
See an attorney with the details. From the information given it appears he has a very weak complaint but I need the details to form a valid opinion.

Is there any way he can get out of paying child support even if heโ€™s on the birth certificate?

Answered 10 years and 3 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Without details there is no firm answer, but if there is no relationship proven by DNA your case is severely weakened. See an attorney.
Without details there is no firm answer, but if there is no relationship proven by DNA your case is severely weakened. See an attorney.

What can I legally do if my sonโ€™s father has given me nothing but problems since he has asked me to move out?

Answered 10 years and 4 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
He does have parental rights, the same as you. You are doing much of the work. Get an attorney, his support obligation is based on income and not capped.
He does have parental rights, the same as you. You are doing much of the work. Get an attorney, his support obligation is based on income and not... Read More

Can I receive child support from the father if we are married and living together?

Answered 10 years and 4 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Generally not, but you clearly need to speak with him regarding finances and, it might be possible to file a cause of action seeking support if he refuses to meet his obligations. That normally is an action for divorce or separate maintenance when the parties are not living together.
Generally not, but you clearly need to speak with him regarding finances and, it might be possible to file a cause of action seeking support if he... Read More

Can another person be given rights to my son?

Answered 10 years and 4 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Your can do this by instruction and hope the court will honor it, however, unless your partner adopts the child she will not have parental rights.
Your can do this by instruction and hope the court will honor it, however, unless your partner adopts the child she will not have parental rights.