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 6
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Recent Legal Answers

How do I get custody of my fifteen year old daughter who lives with her mother but is not happy?

Answered 10 years and 8 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Sadly, without additional information is impossible answer your question. What you will have to do is confer with the domestic relations/family law attorney who will be able to review the factual situation and determine whether or not there is any likelihood under it that the custody of the child would be changed by the court. On the other hand, it is possible for the parents to reach an agreement to better serve the child generally that will be allowed and placed into an order of the court. Self-help in this form of situation is normally counterproductive. Seek counsel.... Read More
Sadly, without additional information is impossible answer your question. What you will have to do is confer with the domestic relations/family law... Read More

What can we do since she refuses to go to her motherโ€™s?

Answered 10 years and 8 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
I hope you have proof of your efforts, the correct thing is either an agreement with your ex that she is relinquishing her parenting time under the circumstances, or a revised order of the court.
I hope you have proof of your efforts, the correct thing is either an agreement with your ex that she is relinquishing her parenting time under the... Read More

How does he go about having full custody without an attorney and a court system?

Answered 10 years and 8 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You are asking the impossible, if there is going to be a legally binding agreement it will have to be in writing and, because there is a child involved, approved by the court. Without court involvement and orders, it is simply a voluntary agreement which may be ended or rescinded at any time. As for the support issue, the courts will normally ignore almost any agreement which the parties reach calling for no support to be tendered because they see the support to be for the benefit of the child, and not subject to an agreement by the parents.... Read More
You are asking the impossible, if there is going to be a legally binding agreement it will have to be in writing and, because there is a child... Read More

What are my rights if I am 17 and my 14 year old girlfriend is pregnant?

Answered 10 years and 8 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
They are partially correct, you have committed statutory rape which is criminal and prosecutable. If there is no prosecution you will most probably have parental rights, and obligations to support the child regardless.
They are partially correct, you have committed statutory rape which is criminal and prosecutable. If there is no prosecution you will most probably... Read More

My girlfriend is 14 and pregnant and I am 17, what are my rights?

Answered 10 years and 8 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
In Michigan it means you are admiring to the crime of statutory rape. See an attorney.
In Michigan it means you are admiring to the crime of statutory rape. See an attorney.

Can my friend get child support even though she lives in Mexico? How?

Answered 10 years and 8 months ago by Michael Alexander Yurasov-Lichtenberg (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
Your friend would have to ask a court in Mexico to award her child support. Then the judgment of the Mexican court would have to be affirmed by a state court where the child's father lives (it is called "domestication" of the judgment).
Your friend would have to ask a court in Mexico to award her child support. Then the judgment of the Mexican court would have to be affirmed by a... Read More

How do I transfer a child custody case while the non-custodial parent lives in another state?

Answered 10 years and 8 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You will most probably need a lawyer, and the case could be transferred, or the out of state judgment enforced, in the state and county where you and the child are currently residing.
You will most probably need a lawyer, and the case could be transferred, or the out of state judgment enforced, in the state and county where you and... Read More

How could I get guardianship and a name change for my grandson?

Answered 10 years and 8 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
You can seek guardianship of a minor by filing a petition with the appropriate state court. (In some places it's the probate court, in others family court). It's a good idea to find an experienced family law attorney to advise and represent you. If either or both of the child's parent have custody, it will likely be a difficult fight.... Read More
You can seek guardianship of a minor by filing a petition with the appropriate state court. (In some places it's the probate court, in others family... Read More

If I had pay cuts at work and want to lower my child support because of financial need, do I need to hire an attorney?

Answered 10 years and 8 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Child Custody
No law forces you to hire a lawyer, but in a court dispute it's almost always a good idea.
No law forces you to hire a lawyer, but in a court dispute it's almost always a good idea.

When going through a divorce, who actually has custody of the children?

Answered 10 years and 8 months ago by Mr. Alfred Edwin Fahlen (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Child Custody
Both parents have the right to custody of the children until court orders otherwise. Generally the police will not help a parent obtain possession (custody) of a child without a court order. Often there is a ?tug-of-war? over a child or children when the parents physically separate. Unless there is domestic violence it can take 45 days to months to get a court order for custody of children. Advance planning is a wise step, and a wise attorney can help a parent in this area.... Read More
Both parents have the right to custody of the children until court orders otherwise. Generally the police will not help a parent obtain possession... Read More

If my husband wants to become my daughters legally adoptive father, what do we need to do?

Answered 10 years and 8 months ago by Helene Ellenbogen (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Child Custody
Retain a lawyer and start the second parent adoption process. The bio father will either voluntarily sign a relinquishment or the court can order a termination.
Retain a lawyer and start the second parent adoption process. The bio father will either voluntarily sign a relinquishment or the court can order a... Read More

Will I be able to lower my child support if I got a attorney to help me in?

Answered 10 years and 8 months ago by Atty. Tajara Dommershausen (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Child Custody
If your pay cut was due to something out of your control, you should be able to get it lowered. It usually helps to have an attorney present your information.
If your pay cut was due to something out of your control, you should be able to get it lowered. It usually helps to have an attorney present your... Read More

If you pay child support is your right to claim at least one kid on your taxes? How?

Answered 10 years and 9 months ago by Mr. Alfred Edwin Fahlen (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Child Custody
The parent with 51% or more physical custody may claim the dependency deduction. The court may order the dependency deduction to the less than 51% custodial parent, but then the child support payments will usually increase.
The parent with 51% or more physical custody may claim the dependency deduction. The court may order the dependency deduction to the less than 51%... Read More

Who is the mother legally allowed to ask for child support? How?

Answered 10 years and 9 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
There is a presumption that the husband is the father of children born to the wife during the marriage. That presumption may be overcome by convincing evidence, such as the DNA test. So the proven father is most often the person who should be paying support. However, courts in some states have held that if a 'father,' other than the biological one, has established a parental relationship with the child, then that person can be the one to pay support. Everyone involved needs independent legal advice.... Read More
There is a presumption that the husband is the father of children born to the wife during the marriage. That presumption may be overcome by... Read More

How can a step parent adoption proceed if there is no father named on the birth certificate?

Answered 10 years and 9 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
I did not know that the father has to sign the birth certificate, and I'm not sure he must do so. But in any case, a paternity action against him does not depend on whether or not his name appears on the birth certificate. The mother, or the lawyer for the state, can commence a paternity action, and if the alleged father denies paternity, a DNA test resolves the question.... Read More
I did not know that the father has to sign the birth certificate, and I'm not sure he must do so. But in any case, a paternity action against him... Read More

What do I do if my soon to be ex repeatedly has people watch our 1 year old for hours and refuses acknowledge it?

Answered 10 years and 9 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
It is his business to care for your child during his parenting time, either personally or by providing another responsible adult. Unless there situation can be proved to be harmful or dangerous to the child it is not your business. There is little you can do, and he has no duty to account to you.... Read More
It is his business to care for your child during his parenting time, either personally or by providing another responsible adult. Unless there... Read More

What is the booking process after turning yourself in for a bench warrant?

Answered 10 years and 9 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Cannot tell. You will be booked and perhaps jailed until you appear before the court. An attorney is highly recommended.
Cannot tell. You will be booked and perhaps jailed until you appear before the court. An attorney is highly recommended.

Can my child be left in the child custody of an unfit grandmother? How?

Answered 10 years and 9 months ago by Helene Ellenbogen (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
I would go to court on an emergency motion to prevent this. Is there some reason the child isn't with you? Get a lawyer. This sounds like a mess.
I would go to court on an emergency motion to prevent this. Is there some reason the child isn't with you? Get a lawyer. This sounds like a mess.

Do we have to get an attorney from another state or can we get one here who will handle it?

Answered 10 years and 9 months ago by John George Galasso (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
You will need to address the support problem in the state that issued the order; If you need an attorney for this, you will need one licensed in that state.
You will need to address the support problem in the state that issued the order; If you need an attorney for this, you will need one licensed in that... Read More

How can my husband adopt my daughter and where do we start?

Answered 10 years and 9 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
This can be done. It would help you very much to retain a lawyer experienced in adoptions. The first step is generally to terminate the parental rights of the biological father. Many courts will also accept a petition for adoption by a step-parent, so it can grant the adoption as soon as the birth father's parental rights are terminated. Otherwise they will let you file it promptly after the termination hearing. There are various steps to follow, and your lawyer can advise and represent you. It's not all that hard under these facts.... Read More
This can be done. It would help you very much to retain a lawyer experienced in adoptions. The first step is generally to terminate the parental... Read More

How can my husband adopt my daughter and where do we start?

Answered 10 years and 9 months ago by Helene Ellenbogen (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
Yes, either the bio father will sign a voluntary relinquishment or the court can, on the basis of his abandonment of the child. Either way, you should get a lawyer to do the adoption properly.
Yes, either the bio father will sign a voluntary relinquishment or the court can, on the basis of his abandonment of the child. Either way, you... Read More

How can my husband adopt my daughter and where do we start?

Answered 10 years and 9 months ago by Diane L. Berger (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
You would first have to terminate the child's father's parental rights.
You would first have to terminate the child's father's parental rights.

How can my husband adopt my daughter and where do we start?

Answered 10 years and 9 months ago by John F. Brennan (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
Potentially, but the biological father has parental rights until they are eliminated either by his voluntary agreement or an order of the court. See an attorney you will need help both with the termination of the rights and the adoption.
Potentially, but the biological father has parental rights until they are eliminated either by his voluntary agreement or an order of the court. See... Read More

How could I legally remove the mother of my children from my house?

Answered 10 years and 9 months ago by Lisa Hurtado McDonnell (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Child Custody
Yes, you can lock her out if she has no legal right to stay, but then she take the child and ask for child support.
Yes, you can lock her out if she has no legal right to stay, but then she take the child and ask for child support.

How could I legally remove the mother of my children from my house?

Answered 10 years and 9 months ago by John F. Brennan (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Child Custody
Yes, you'll most probably have to evict her. See an attorney.
Yes, you'll most probably have to evict her. See an attorney.