Daniel J. Andoni’s Answers

Daniel J. Andoni

Flint Child Custody Lawyer.

Contributor Level 4
  1. Something does not seem right.

    Answered almost 3 years ago.

    1. Daniel J. Andoni
    1 lawyer answer

    Your question is tagged "Child Custody" , "Father Custody" and "Father Rights" but you discuss the martial estate in your question. Are you bringing that up to show that Plaintiff Mother is unstable and cannot provide an adequate home? Which could be potentially relevant to a child custody determination. Joint Custody is reserved for those parents that can get along and can agree as to the best interest of their children, if you cannot agree as to the best interest of the children then one...

    2 lawyers agreed with this answer

  2. I have a contract with my son's father, he violated the contract, will it help me gain sole custody of my son?

    Answered about 3 years ago.

    1. Daniel J. Andoni
    2. Daniel J. McCarthy
    3. Edward Jacob Sternisha
    4. Paula Brown Sinclair
    4 lawyer answers

    Alright the other answers disturbed me a a little, I think the poster is asking a legitimate question and we respond by judging her and apparently knowing her motives. To the questions I will provide a legal answer, the question is to what extent will a Child Custody Agreement, made outside of the court hold up? In Michigan the answer is "it depends" but a Michigan court is bound to look at the agreement and to determine the intent of the parties. All contracts concerning child custody must...

    2 lawyers agreed with this answer

  3. Have joint legal and physical custody, can i ask for changed visitation if this is not in my daughters best interest?

    Answered about 3 years ago.

    1. Daniel J. Andoni
    2. Paula Brown Sinclair
    3. Robert West
    3 lawyer answers

    Attorney Sinclair did provide a good answer, and as Family Law attorney in Michigan I can tell you our state requires "a proper cause or s substantial change in circumstances to warrant a review of an existing child custody order". However, you may not need a change in custody, it sounds like you just need a change in parenting time. Your daughters father can still be an active part of her life but the week-on week-off schedule may not be best for your child. I suspect that due to your child...

    2 lawyers agreed with this answer

  4. How can i obtain my ex's tax return?

    Answered over 3 years ago.

    1. Daniel J. Andoni
    2. Christopher Michael Larson
    3. Andrew J Wyman
    4. Henry Daniel Lively
    4 lawyer answers

    The other answers are correct you cannot require the IRS to give you anothers tax return without a Court Order or an authorization from that person. However, I think your underlying problem i.e. child support not being calculated correctly because he refuses to cooperate is a different issue. You could hire a lawyer but fortunately in Michigan we have the Friend of Court which should help you get the correct amount of child support. If you have opted out of Friend of Court Services you should...

    2 lawyers agreed with this answer

  5. Can one parent be Sole Legal Custody for one child if divorce parents both agree?

    Answered over 1 year ago.

    1. David B. Carter Jr.
    2. Laurel Stuart-Fink
    3. Dean George Tsourakis
    4. Daniel J. Andoni
    4 lawyer answers

    Okay, as the other attorney's have suggested you should speak with an experienced professional in this matter. That being said the Answer to both your questions is "yes". However, the court cannot award custody, to anyone, until it makes a best interest of the child determination. So you will have to get this approved by the Judge who has been assigned to your matter. However, before you do that you should understand what it means to be a sole legal custodian, essentially it means the...

  6. Legally what age must a child be in order for them to be able to make a decision to move with their other parent?

    Answered about 3 years ago.

    1. Matthew Gregory Swartz
    2. Daniel J. Andoni
    2 lawyer answers

    I agree with Attorney Swartz's answer but will add that once you do show a change in circumstances, the judge may interview the child as to their preference how much weight is given to their preference depends upon their level of maturity and the basis they want to move.

  7. What do I need to do to get emergency temporary custody of my grandson?

    Answered about 3 years ago.

    1. Daniel J. Andoni
    2. John L. Gormley
    2 lawyer answers

    I don't think you have standing to be awarded custody, however you should petition the probate court to obtain guardianship. There are several benefits to becoming the guardian of the minor children, basically it will save you and your family the heartache of going through DHS and child protective proceedings. Furthermore, based upon the facts laid out above you have a basis to obtain guardianship.

  8. Non-Compete - Funeral Director

    Answered over 3 years ago.

    1. Robert West
    2. Melissa D. Lenhard
    3. Daniel J. Andoni
    3 lawyer answers

    What is the consideration for you signing the non-compete clause? In order to be bound by this agreement they would have to give you something which you already do not have. The Funeral Home may say continued employment i.e. If you want to continue to work for us you must sign the agreement. However, your answer does not indicate this so am not going to assume that was mentioned. Most courts will look to the reasonableness of the contract to determine if it is enforcable but it must be...