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 3
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Recent Legal Answers

What can I do if someone who claims to be the father of my unborn child threatens to take the child away from me?

Answered 10 years and 4 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
He will have to file a paternity action to establish rights. Without a court order he has no rights.
He will have to file a paternity action to establish rights. Without a court order he has no rights.

Can the mother of my daughter sign her rights over to me?

Answered 10 years and 4 months ago by Michael B. Dungan (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
You need to do a step parent adoption in Probate Court, most counties have an adoption coordinator that will help you do the paperwork.
You need to do a step parent adoption in Probate Court, most counties have an adoption coordinator that will help you do the paperwork.

Is a verbal agreement binding in custody cases?

Answered 10 years and 4 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Commonly verbal agreements are not kept, and they are difficult to enforce. I generally recommend at least a writing, signed by all parties. The only reasonably enforceable "agreements" are made, and entered as an order of the court.
Commonly verbal agreements are not kept, and they are difficult to enforce. I generally recommend at least a writing, signed by all parties. The... Read More
Depends on the order, and circumstances. Normally pick up and drop off are at the residence of the custodial parent unless otherwise specified.
Depends on the order, and circumstances. Normally pick up and drop off are at the residence of the custodial parent unless otherwise specified.

What are the rights of a father and grandmother of my daughterโ€™s baby when sheโ€™s in prison?

Answered 10 years and 4 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
The father's rights will prevail without a court order changing the or granting rights to another.
The father's rights will prevail without a court order changing the or granting rights to another.

How can a child custody and support arrangement be changed?

Answered 10 years and 5 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
All of the facts and their inferences need to be examined to determine if there is a viable chance to change parenting time and support in the court over objection. Seek counsel with all of the details.
All of the facts and their inferences need to be examined to determine if there is a viable chance to change parenting time and support in the court... Read More

Can the parents have their right reinstated if the parent volunteer gave up parental rights to grandparents?

Answered 10 years and 5 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
I need the details, but if they allowed the termination of their rights in court they are most probably gone. See an attorney.
I need the details, but if they allowed the termination of their rights in court they are most probably gone. See an attorney.

Do I still have to pay support if my daughter is 18, finishing high school and wants to go to college?

Answered 10 years and 5 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Yes, until she graduated high school or reaches age 19.5 and is still in high school.
Yes, until she graduated high school or reaches age 19.5 and is still in high school.

If parents volunteered to give up parental rights to grandparents, can the parents have their rights reinstated?

Answered 10 years and 5 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Usually not if the termination was by court order.
Usually not if the termination was by court order.

How do I convince a judge to allow my emancipation?

Answered 10 years and 5 months ago by Michael B. Dungan (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
While expressing no opinion on whether emancipation is a good idea for you or not, get educated on the process on what you would have to do. The link below has a summary of the process you would have to go through in court, what factors the court would look at, and links to the forms that would need to be filled out and filed with probate court.... Read More
While expressing no opinion on whether emancipation is a good idea for you or not, get educated on the process on what you would have to do. The... Read More

How do I obtain legal guardianship of my mentally disabled adult son who is incarcerated in another state?

Answered 10 years and 5 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Hire an attorney in the state he resides in to commence a guardianship and conservatorship proceeding.
Hire an attorney in the state he resides in to commence a guardianship and conservatorship proceeding.

How do I convince a judge to allow my emancipation?

Answered 10 years and 5 months ago by John F. Brennan (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
Tell the truth and petition the court.
Tell the truth and petition the court.

If I sign the consent to travel form and he decides to not bring my children back, will that form help from him keeping my kids?

Answered 10 years and 6 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If would file for divorce immediately and get a court order in effect.
If would file for divorce immediately and get a court order in effect.

Who can get child custody if the mother passes away? How?

Answered 10 years and 6 months ago by Eric S. Lumberg (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Child Custody
A will or third party custody action can resolve your concerns. Consult with an attorney to discuss your options further depending on your state.
A will or third party custody action can resolve your concerns. Consult with an attorney to discuss your options further depending on your state.

How does custody work when biological father moves out of state and child is not born yet?

Answered 10 years and 6 months ago by Eric S. Lumberg (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
You should file a paternity case to get custody and establish what rights the father will have. It is doubtful that will be able to take the child out of state. Consult with an attorney to discuss your options further.
You should file a paternity case to get custody and establish what rights the father will have. It is doubtful that will be able to take the child... Read More

How do I give my ex-husband temporary custody of my daughter for the school year only?

Answered 10 years and 6 months ago by Eric S. Lumberg (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
Appropriate orders can be filed that give limits to this change of custody.
Appropriate orders can be filed that give limits to this change of custody.

Do I have a case against her mother if we broke up and I was subsequently accused of abusing my daughter?

Answered 10 years and 6 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You appear to need representation and counsel, and I would need more facts to do so. Abuse claims on breakup, and well as alienation attempts. There are sad cases which, when proven false, can be made to backfire on the accuser.
You appear to need representation and counsel, and I would need more facts to do so. Abuse claims on breakup, and well as alienation attempts. ... Read More

What can we do to get custody of my fiancรฉโ€™s niece?

Answered 10 years and 6 months ago by Eric S. Lumberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You may be able to file a third party custody action. Consult with an attorney in your area to discuss further.
You may be able to file a third party custody action. Consult with an attorney in your area to discuss further.

Can my husband take my newborn and leave her at his parents without my permission?

Answered 10 years and 6 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
The father's parents have no legal rights to the newborn. But that does not mean they might not try to take her. Be certain to notify your obstetrician AND the hospital personnel that you do NOT consent to anyone's bringing the child away from the hospital except yourself. You might want to put it in a letter sent by certified mail, return receipt requested. If you are feeling insecure anyway, notify the local police and the security office at the hospital as well.... Read More
The father's parents have no legal rights to the newborn. But that does not mean they might not try to take her. Be certain to notify your... Read More

If my wife is threatening to take my daughters out of state after the divorce, can I stop them in court?

Answered 10 years and 6 months ago by Diane L. Berger (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Child Custody
Yes. A judge has to determine where your children can live by.
Yes. A judge has to determine where your children can live by.

What can I do if I was served with custody papers?

Answered 10 years and 6 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
First things first: locate a skilled family law attorney in your locality. It's almost always worth the expense. Presenting arguments in a custody dispute really requires someone with courtroom skills, whether or not the other parent is represented. Generally speaking the question to answer is what arrangement t is in the best interest of the child. This is not something most people are capable of proving, let alone doing so in the specialized atmosphere of the court.... Read More
First things first: locate a skilled family law attorney in your locality. It's almost always worth the expense. Presenting arguments in a custody... Read More

What can I do to retain custody of my child?

Answered 10 years and 6 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You need an attorney, and you have to answer his litigation or you will lose by default. There is no guarantee that you will have sole custody, joint custody, or any custody of your child but the chances are significantly in your favor under the circumstances you have portrayed. Most likely you will have primary physical custody and joint legal custody, and he will have an obligation for child support when the whole thing sorts out. It is most likely that the father will be allowed some parenting time as the courts generally seek to respect both parents legal and moral rights.... Read More
You need an attorney, and you have to answer his litigation or you will lose by default. There is no guarantee that you will have sole custody, joint... Read More

If I am moving out of my home because of divorce, will that ruin my chances of getting custody?

Answered 10 years and 6 months ago by Diane L. Berger (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
Your chances of getting custody will be greatly reduced if you leave the home and leave the 2 year old with your spouse.
Your chances of getting custody will be greatly reduced if you leave the home and leave the 2 year old with your spouse.

Will it be easy to terminate the parental rights of my ex? How?

Answered 10 years and 6 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
First things first: retain an experienced family law attorney who will likely advise you to file a petition for termination of parental rights. While the laws vary from state to state, in most of them abandonment of the child (meaning no contact or effort to contact the child or contact you about the child) is a good ground for termination of parental rights. And when there is a step-parent to step in and adopt the child, the courts are more or less overjoyed. If you cannot serve the father at his last known address, you can usually serve him by publication, in the official newspaper for legal notices in your area, and in the newspaper of general circulation or official appointment in the place where he last lived, if you know it. Good Luck.... Read More
First things first: retain an experienced family law attorney who will likely advise you to file a petition for termination of parental rights. ... Read More

Could I get guardianship of three children without the parents signature?

Answered 10 years and 6 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
It is certainly possible. You will need to make a very strong case, however. Find a good family law attorney: it's almost always worth the investment, and a lawyer will know how to gather information and how it can be presented effectively to the court.
It is certainly possible. You will need to make a very strong case, however. Find a good family law attorney: it's almost always worth the... Read More