Michigan Family Legal Questions

If there is a divorce action pending, you could ask the court to limit the boyfriend's contact with your children. Your attorney should be able to help you with this. To do so, you will have to show that the boyfriend poses some threat to your children. If there is no divorce action pending, other than asking your wife to limit contact, there is little you can do. Each parent has the right to parent their children and unless there is some harm to the children, CPS will not step in.... Read More

Yes theoretically child custody including parenting time is an issue that can always be raised. With that being said once the custody parenting time is established it requires a higher burden of proof to show a material change in circumstances to modify the prevailing court order. Assuming your boyfriend is back in the States and mom has had custody and the child enrolled in school etc in Virginia at best he would be looking at approximately one week during the Christmas break, the spring school break and a big chunk of the summer... Read More

The Attorney in fact only has the power and authority specifically granted to them in the POA document. They do not have any implied powers or authority. In addition, since they are acting in a fiduciary capacity, they are specifically prohibited from engaging in any self-dealing. Many POA documents do however, grant the Attorney in Fact broad and wide ranging powers to deal with most if not all aspects of the prinicple's affairs, accordingly to determine if the Attorney in Fact is acting properly you must obtain a copy of the POA document. Just because the Attorney in Fact is selling assets does not neccesarily mean she is doing anything wrong, if she is using the proceeds for your mother's benefit, and the Document gives her the power to sell the assets she is doing nothing wrong... Read More

I don't know. Are you doing drugs? Are you abusing the children? Do you bring a different man or woman home every night? Are you bi-polar and refuse to take your meds? Barring any of those things, I doubt that he will be able to get 100% custody. Even with some of those things he probably would not get 100% custody. This is something you need to discuss with your attorney.... Read More

That depends. Is your father still alive? If so, has your father given your step-brother authority (usually via a power of attorney) to sell the land? If your father is deceased, under what authority is your step-brother claiming to act? Is there a trust? Is there a probate estate? You or your father should probably confer with a qualified estate planning attorney.... Read More

The question is, who is the father of the child? Is  your ex husband in fact the biological father,is it your finance, or is it a third party? Michigan law presumes, that if you were still married to your ex-husband at the time the child was concieved, he is the father of the child. If he is not the biological father, and you can establish who the true biological father is you can pettion to have the birth certifcate corrected to reflect his name as father. You can not have the birth certificate changed to read unknown or to a person, who is not the father merely for convienece. ... Read More

It appears that your ex has sole physical custody of your child, and that you have weekend parenting time. If that is the case, he cannot force you to exercise your parenting time. If, however, you have joint physical custody, and your custodial time is weekends, yes, you may be required to exercise it. Either way, if you consistently refuse to exercise your parental rights, it may be used against you to further restrict them.... Read More