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 9
Do you have any Michigan Child Custody questions page 9 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

Can the D.A or judge force you to pay child support if you want to give up all parental rights to the child?

Answered 11 years ago by Mattias F. Johnson (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
When a court approves a termination of parental rights, the parent-child relationship is completely extinguished and all the rights and responsibilities of parenthood are terminated. This means the ex-parent no longer has an obligation to provide care or financial support.
When a court approves a termination of parental rights, the parent-child relationship is completely extinguished and all the rights and... Read More

Can a father take a child when it was to be a visit?

Answered 11 years ago by Mattias F. Johnson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
This is going to be a bit tricky and you will likely benefit from counseling with an experienced attorney. You would start by taking the custody Order which you have (or get one from the court in your County if you don't) and then you you would need to take that to the Court in Canada to prove that you have custody. There may be some international law issues that can be tricky but generally the Canadian Court will honor the US Court's Order.... Read More
This is going to be a bit tricky and you will likely benefit from counseling with an experienced attorney. You would start by taking the custody... Read More

Can my mom get me back after she gave her rights up over a year ago?

Answered 11 years and a month ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Cannot tell without reviewing the paperwork and court orders, as well as the present circumstances.
Cannot tell without reviewing the paperwork and court orders, as well as the present circumstances.

If she runs away, what are our legal responsibilities?

Answered 11 years and a month ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
See an attorney, adulthood in Michigan is 18. Anyone having sex with her before she is 16 is chargeable with statutory rape.
See an attorney, adulthood in Michigan is 18. Anyone having sex with her before she is 16 is chargeable with statutory rape.

How do I go about getting a child support order reduced?

Answered 11 years and a month ago by Mattias F. Johnson (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
You can file a motion to modify child support in the Court which awarded the child support. You will want to have a very clear accounting done to show the court exactly how much you make and what your obligations are to the other children. There is no guarantee that the Court will reduce your obligation, but it may be worth a shot.... Read More
You can file a motion to modify child support in the Court which awarded the child support. You will want to have a very clear accounting done to... Read More

What can I do if I lost my parental rights to three out of four of my children and it my rights were terminated in January of 2014?

Answered 11 years and a month ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
It is impossible to tell without reading the orders and knowing the history but if your rights were terminated by law in January of 2014 the time to appeal the ruling has run. Your options are therefore extremely limited, and your chances of prevailing poor at best. You can engage an attorney to look into this, but it is likely your money will not lead to your desired result.... Read More
It is impossible to tell without reading the orders and knowing the history but if your rights were terminated by law in January of 2014 the time to... Read More

If there is a death of the custodial parent and how does one obtain custody as the biological mother?

Answered 11 years and a month ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You should be the person with the rights to your child. Get a family law attorney. File for custody in the court the divorce was granted.
You should be the person with the rights to your child. Get a family law attorney. File for custody in the court the divorce was granted.

Can I get custody of my younger brother?

Answered 11 years and a month ago by Mattias F. Johnson (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
You can petition the Court where custody was determined to allow you to become a temporary guardian for your younger brother. You would need to provide evidence (perhaps you recorded the Skype conversation) as to why your little brother is a risk of immediate harm if the Court fails to act.... Read More
You can petition the Court where custody was determined to allow you to become a temporary guardian for your younger brother. You would need to... Read More

Can I get custody of my younger brother?

Answered 11 years and a month ago by John F. Brennan (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
You are too limited in your facts, and a court action will have to be in the state they reside unless your mother will cooperate voluntarily.
You are too limited in your facts, and a court action will have to be in the state they reside unless your mother will cooperate voluntarily.

If my child is being adopted, do I have to pay child support if I signed my parental rights away?

Answered 11 years and 2 months ago by Mattias F. Johnson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
The first thing to note, is if you have an agreement which lays out, hopefully in writing, that no child support is due, this would act as a defense to the summons. You would still have to show up, or file a response, but a contract would bar any payment needing to be made. If the agreement was oral, you may have to prove that it actually happened.... Read More
The first thing to note, is if you have an agreement which lays out, hopefully in writing, that no child support is due, this would act as a defense... Read More

Can my ex get child support lowered if he has another child?

Answered 11 years and 2 months ago by Mattias F. Johnson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Without having the exact numbers it is impossible to predict. Given that his raise hasn't been taken into account, there will likely be some offset with the reduction that would come with his additional child.
Without having the exact numbers it is impossible to predict. Given that his raise hasn't been taken into account, there will likely be some offset... Read More

We have full custody of my step children and his ex keeps harassing us, what can we do?

Answered 11 years and 2 months ago by Mattias F. Johnson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Unfortunately this is a difficult situation which is all too common. Your first option would be to get a PPO against the mother. PPO's can be used for many things, one of which is to stop harassment of the kind that you are reporting. Another option would be to file a motion for contempt of the parenting Order. Look closely at the Order, and if you can find specific language which she is violating, you are free to bring such a motion to get her to stop, or she risks fines or imprisonment.... Read More
Unfortunately this is a difficult situation which is all too common. Your first option would be to get a PPO against the mother. PPO's can be used... Read More

Is there a way to change custody that will actually warrant a change?

Answered 11 years and 2 months ago by Mattias F. Johnson (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
Child endangerment, such as seems to have occurred in your case, is certainly a reason to petition the court for a change in custody. Given that you seem to believe that all other factors favor the kids being with you, this may be enough to convince the Court that you should have primary custody. I would recommend speaking with an experienced family law attorney in your area to better learn your options.... Read More
Child endangerment, such as seems to have occurred in your case, is certainly a reason to petition the court for a change in custody. Given that you... Read More

I'm a native american, does that take precedence of the state law on parental rights and custody?

Answered 11 years and 2 months ago by Mattias F. Johnson (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
Both the State of Michigan and your tribe may have jurisdiction over your custody issues. The two entities have different court systems and in a custody case you can petition to have one or the other decide your case.
Both the State of Michigan and your tribe may have jurisdiction over your custody issues. The two entities have different court systems and in a... Read More

Will my child's father have a warrant for his arrest if he didn't know about child support?

Answered 11 years and 2 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
It would be unlikely at this stage. He needs an attorney.
It would be unlikely at this stage. He needs an attorney.

If my son's dad moved and refuses to give me his current address, can I keep my son from going?

Answered 11 years and 2 months ago by Mattias F. Johnson (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
You can petition the Court that gave the custody Order to make it necessary that you have all relevant contact information. The fastest way to do so may be to just try calling the clerk of said court and asking.
You can petition the Court that gave the custody Order to make it necessary that you have all relevant contact information. The fastest way to do so... Read More

What are my custody rights after 5 years of not seeing my daughter?

Answered 11 years and 3 months ago by Mattias F. Johnson (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
You would need to petition the court, or more specifically the friend of the court in your county, and attempt to persuade them that it is in the best interest of the child to have a relationship with her biological mother. The process will be cumbersome and their will be hoops for you to jump through, so it may be in your best interest to at the very least sit down and talk with an experienced family law attorney in your area to get to know your options.... Read More
You would need to petition the court, or more specifically the friend of the court in your county, and attempt to persuade them that it is in the... Read More

What would happen to a child who is in a car driven by an unlicensed driver and they get pulled over?

Answered 11 years and 3 months ago by Mattias F. Johnson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Likely it would depend on the circumstances surrounding why the person did not have a license as well as whether the child was properly in the car, i.e. car seat if applicable. Certainly if the suspension is serious (and most are) and especially if the child was determined to be in danger in any way, CPS is not out of the question.... Read More
Likely it would depend on the circumstances surrounding why the person did not have a license as well as whether the child was properly in the car,... Read More

Can the father of my child take my child out of state during his scheduled parenting time without letting me know?

Answered 11 years and 3 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
What does your currently in effect order(s) say. That will control.
What does your currently in effect order(s) say. That will control.

If I have a PPO against my kidโ€™s father for domestic violence, is he allowed to see our children?

Answered 11 years and 3 months ago by Mattias F. Johnson (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
You need to take a look at the PPO and the language in the document to see if the kids are mentioned. If the PPO is just for you, then the kids should be allowed to see their father. There are organizations that work with Child Protective Services that can help arrange visits for the children so that neither of you have to worry about violating the PPO.... Read More
You need to take a look at the PPO and the language in the document to see if the kids are mentioned. If the PPO is just for you, then the kids... Read More

What can we do if she refuses to go to this assessment appointment that requires her to be there?

Answered 11 years and 3 months ago by Dennis J. Woods (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
She is a minor. Her decisions don't matter much and yours do. There is clearly something wrong. You do not state what authority requires the assessment. I would enlist the help of the children's advocate at the police department if it gets bad and then perhaps the juvenile authorities will get interested. It has to be pretty bad to go that far however.... Read More
She is a minor. Her decisions don't matter much and yours do. There is clearly something wrong. You do not state what authority requires the... Read More

If my ex-girlfriend is going to have a baby but wants to put it up for adoption, as the father do get my baby?

Answered 11 years and 3 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
I would recommend getting a court order relinquishing her rights, detailing her obligation and establishing yours.
I would recommend getting a court order relinquishing her rights, detailing her obligation and establishing yours.

As the father, would I get custody of the child or would I have to go to court to get custody of the baby?

Answered 11 years and 3 months ago by Mattias F. Johnson (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
The short answer is that you certainly have parental rights that cannot be unilaterally terminated by your ex. That being said, you may have to prove that you are the father by completing a paternity test.
The short answer is that you certainly have parental rights that cannot be unilaterally terminated by your ex. That being said, you may have to prove... Read More

Can I move out of state before the divorce is final if my spouse is giving me sole legal custody?

Answered 11 years and 4 months ago by James Timothy Weiner (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
As long as there is no court order in the divorce file (such as temporary support order) that prohibits it you probably can However you are asking for trouble if your ex has any visitation, etc. so you need to have an attorney review the file in detail.
As long as there is no court order in the divorce file (such as temporary support order) that prohibits it you probably can However you are asking... Read More

How can I get my 13 year old back after l let him go stay with him and his grandma?

Answered 11 years and 4 months ago by Dennis J. Woods (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
The grandmother has no legal standing to keep you from collecting your child. The police cannot force it, nobody can. He's your child. If you get resistance, get a lawyer and force it.
The grandmother has no legal standing to keep you from collecting your child. The police cannot force it, nobody can. He's your child. If you get... Read More