Michelle M. Letourneau's Answers

What are chances judge will let sole physical custody parent move to another state?

In short, the potential move out of state must benefit the child in some way. In addition, you have to show that you will be able to come up with a parenting time plan that will maintain the parent/child relationship with the other parent. Finally, you will be required to show that you are not trying to frustrate the father's parenting time. He will have to show that if he is objecting to the move, he is not doing so to try to gain a financial advantage with respect to child support. It is...

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Did a mail order paternity test & was negative; do I have to pay for a court administered test or does she? Already paid once.

It depends on your Judge. It appears that you may be in Wayne County. Several of the Wayne County Judges require that you utilize a particular genetic testing lab, not Identigene. There are specific court orders that can be entered to allow for the admissibility of the test results. You can take the results to Court with you and ask the Judge to adopt them; however, unless the mother and father were together when the envelopes with the specimens were sealed, the mail order test will...

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What can I do to talk to my child my sons mother will not let me talk to my son there is nothing legally stating I can't talk

It is difficult to determine where your divorce case was filed. The best thing for you to do is to file a Motion to allow telephone contact with the appropriate. Most court's are quite helpful to parents who do not have an attorney and you should be able to file the Motion on your own. If you do not have sufficeint funds to file a Motion, you may ask the Court to waive your fees and you may be able to contact your local legal aid office for representation. If your divorce was finalized...

Visitation for holidays out of state.

In order to go to Germany, your children will need passports. If they have never had passports issued, you can file documentation to prevent the issuance of the passport. The forms can be found at the U.S. Department of State website. Most Courts will require the other parents or the Court's permission for travel outside of the country; however, it has been my experience on the east side of the State that Judges will allow the travel unless there is risk that the children will not be...

I have a case with arreages, open a case against father, on state assistance, do i get money, or support order dropped?

It appears that you have a couple of issues to address. With respect to your arrears, you may want to file a Motion for a payment plan on the arrears or speak with the grandparents to see if they are willing to waive the arrears owed to them. I am assuming that the support is still going to them. I cannot tell whether the Court is charging you current support or is simply trying to collect arrears. If they are still charging "current" support, you will have to file a Motion to modify...

How do I get my child's dead beat dads rights dropped so my husband can adopt her?

If the biological father has not substantially complied with a support order or visted your daughter in three years, you and your current husband can seek a stepparent adoption. You must be able to show that you have been married for at least 6 months. The Court will also look at any criminal record or support payment histories that you or your current husband have. The stepparent adoption process is not very difficult in and of itself; however, if the biological father objects to the...

I have a hearing to show cause for an arreage for back child support. i missed a payment. what do i need to bring to the hearing

You should take with you some money to evidence good faith in attempting to pay your support obligation. In addition, you should take with you verification of your income or lack of income as well as your monthly obligations. If you have had a change in your income since the entry of the support order, it my be wise to file a Motion to Modify your support obligation.

What are steps i need to take? she wont talk to me.

If you didn't sign an Affidavit of Parentage at the time of the child's birth, you can file a paternity action in your local circuit court. The Friend of the Court should order DNA testing. Otherwise, you do not have any way to compel the mother to submit herself and/or the child to DNA testing.

What are my chances on getting a judge to allow me to move my two children out of Michigan when their father says no?

I absolutely think you need a lawyer. Change of domicile motions can be quite difficult, depending on your Judge and your custody arrangement. The law requires that you show that the move out of state is going to improve the life of the child, is not intended to frustrate the other parents ability to exercise parenting time, and will allow the non-custodial parent and the child to continue to foster the parent/child relationship. In addition, your ex will have to show that he is not...

Want to take daughters on 3-day cruise to Mexico. Dad out for years. No contact. Physical custody mine. Do I need his permission

As long as the custody order/judgment does not impose restrictions on travel, you may travel freely; however, you will need his permission to obtain a passport. If he will not cooperate in signing the passport application, you may be able to file a Motion and ask your Judge to issue an Order allowing you to obtain a passport for the children.