Timothy P. Flynn’s Answers

Timothy P. Flynn

Clarkston Criminal Defense Attorney.

Contributor Level 15
  1. If my ex and I can't agree on a visitation schedule, is the every other weekend schedule set in stone?

    Answered over 1 year ago.

    1. Timothy P. Flynn
    2. Laurel Stuart-Fink
    3. Jeffrey Scott Kaplan
    3 lawyer answers

    The every-other-weekend parenting schedule is not set in stone, but it is a very common device favored by the FOC. How did your meeting with the family counselor go? Your post does not say. Your concern is that due to your work schedule, you will be forced to go for a long period without seeing your daughter. The reason I ask how your interview w/ the FOC family counselor or referee went is because they usually accommodate working mothers and do not seek to reward unemployed dads....

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  2. I am involved in an emotionally abusive marriage and am divorcing my husband. How do courts view emotional abuse?

    Answered over 1 year ago.

    1. Howard M Lewis
    2. Timothy P. Flynn
    3. Harry Edward Hudson Jr
    3 lawyer answers

    Well, there are some things that will most likely occur under this scenario. Family court professionals obviously do not champion abusive parents; whether that abuse is directed toward the other parent or the children. In your case, the child is so young, the therapy will not include him at first. Under the scenario you depict, your lawyer could most likely secure court-mandated therapy to address the custody and parenting issues that will be part of your divorce. Parenting classes could...

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  3. What is the penalty for filing a false police report?

    Answered about 1 year ago.

    1. Timothy P. Flynn
    2. David B. Carter Jr.
    3. Joshua Duane Jones
    4. Gerald R Stahl
    4 lawyer answers

    If the false report is a misdemeanor, then the person that issued the statement can be charged with a misdemeanor; if the false report was a felony, then the person can be charged with a felony; it's as simple as that.

    6 lawyers agreed with this answer

  4. Domestic violence

    Answered about 1 year ago.

    1. David B. Carter Jr.
    2. Timothy P. Flynn
    3. Jeremy Erskine Henner
    3 lawyer answers

    We see this all the time. A male family law client asks us: "if she hits me, and I call the police, what will happen...?" We then lay out the following common scenario: you call the police, claim to have been struck by your wife or significant other, show them a red mark, and you wind-up getting arrested and go to jail. Happens a lot. Not to dismiss the concept of women physically abusing men -it does happen- it's just that the police do not usually buy into it. That said, you are...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Simple Divorce / Summary Divorce Basics

    Answered over 2 years ago.

    1. Henry S. Gornbein
    2. Timothy P. Flynn
    3. Edward Jacob Sternisha
    4. Michael Harold Sharon
    5 lawyer answers

    Mr. Gornbein correctly states the jurisdictional requirements for a Michigan divorce. Your post is marked as coming from Troy, MI, but the questions references a UK divorce so that is somewhat confusing. A person can only have one official residence for jurisdictional purposes. There must be some connection to Michigan, and Oakland County, such as a drivers licenses issued by this state, or a residence owned or rented in this state and county. Simply traveling to the UK, for example, even...

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  6. What does joint physical and legal custody mean????

    Answered almost 3 years ago.

    1. Timothy P. Flynn
    2. Neil M. Colman
    3. Shannon Marie Smith
    3 lawyer answers

    To answer this question, I have borrowed some standard language that I use in my custody judgments and divorce judgments, that defines these concepts: Under the provisions of the Child Custody Act, MCLA 722.24, the minor children of the parties have an inherent right to the affection and love of both parents and to a relationship with each parent. By their signatures affixed to this judgment of divorce, the parties agree that neither will take any action that might estrange or alienate the...

    5 lawyers agreed with this answer

  7. Can I refuse visitation for my 17 yr old daughter with cancer?

    Answered over 2 years ago.

    1. Timothy P. Flynn
    2. Neil M. Colman
    2 lawyer answers

    In this special circumstance, I see why you would not want your daughter to spend so much time with her father. If his time is memorialized in a court order, however, you may need to go to the family court judge to obtain a modification. The basis for your request would be the circumstances you set forth in your post. Also, how does your daughter feel about this? Her reasonable preference would be relevant under the Child Custody Act given her age. A family law attorney would be useful...

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  8. Can a Father take me back to court on custody just because he doesn't like the agreement?

    Answered almost 2 years ago.

    1. Timothy P. Flynn
    2. Melissa J. Houghton-Heinig
    3. Gary Francis Kennedy II
    3 lawyer answers

    It is highly unlikely that he will be able to utilize his mere "change of heart" as a basis to modify either custody, or the parenting schedule that you've had for the past 4-years. Generally, the petitioner needs to show a "change of circumstances" or just cause to obtain a modification. Caveat: if your case is in Illinois, the law of that state applies. He's probably just making a baseless threat. But if he does go to court, you should hire an attorney that specializes in family law....

    4 lawyers agreed with this answer

  9. If i was a target for a drug sting but no drugs were found can they use my text messages against me?

    Answered over 2 years ago.

    1. Timothy P. Flynn
    2. Andrew Charles Lapres
    3. Robert M. Alonzi
    3 lawyer answers

    There are 4th Amendment issues attached to your text messages. If there is an open case against you, hire a lawyer and either move to quash any subpoena seeking this information, or move to supress if already obtained. You need counsel for this.

    4 lawyers agreed with this answer

  10. My husband gave co-guardianship of his son to some family friends while he took the time to get his life back on track.

    Answered over 2 years ago.

    1. Timothy P. Flynn
    2. James P. Frederick
    3. Edward Jacob Sternisha
    3 lawyer answers

    Your husband should be able to get his son back. Your question does not indicate whether the co-guardians sought the probate court's permission to move to Florida. This is important. If not, then the co-guardian should not have moved outside the state. If so, then the record in this case will contain evidence providing a basis for this move which will be necessary in order to challenge the domicile change. Either way, if your husband is serious about re-gaining custody of his son and to...

    4 lawyers agreed with this answer

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