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Daniel J. Andoni

Daniel Andoni’s Answers

8 total

  • Something does not seem right.

    My wife filed for divorce and sole custody of our daughters (14 & 9) after being separated for 3.5 years. When we separated she took the buyout from GM for $140,000, got rid of the family home, bought a foreclosed home (cash), and got a part time ...

    Daniel’s 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 party will be awarded custody and the other will most likely be awarded parenting time. The Judge will decide who has custody by making a determination as to the best interest of the child factors, and while I will/cannot get into all the factors here (theres 12 plus a catchall) providing for stability is one of them. What needs to be done, immediately, is to begin working on an objection to the recommendation of the referee, you have 21 days to file your objection. Begin as soon as possible and then you will have a de novo (new) hearing before your judge. There you can present the evidence that wasn't brought before the referee. Oh you cannot simply show a letter to a judge or a referee you need to have the writer there.

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

    I have a child that will be 15 and she wants to come and live with me. She lives with her dad now and doesn't want to live with him anymore.

    Daniel’s Answer

    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.

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

    My son had a child with a young woman due to a break up his name has not been added to the birth certificate. a dna test has been taken and proves him to be the father. My son is now in jail serving a 90 day sentance. My grandchild has been living...

    Daniel’s Answer

    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.

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

    Our contract states if my son's father violates the contract in any way, he gives up any rights to our son. Will that alone grant me custody of my son? The contract was signed and noterised at a bank. My son's father is barely involved in my son's...

    Daniel’s Answer

    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 be done with a best interest if the child analysis in mind.

    However the courts will presume that the parents of the child have the best interest of the child in mind when making agreements.

    So yes your contract may have some weight on a child custody determination but may not be the only issue a Judge will consider. We would need to know the terms of the agreement and probably a little background on how the agreement was made.

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

    My daughters father and i have joint physical and and legal custody. One week on, one week off. I have noticed recently that my daughter is all off schedule. i could JUST start getting her on schedule and when she goes to him, he changes it on her...

    Daniel’s Answer

    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 age (you mentioned she was just taken off formula) he could have frequent but shorter visits.

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  • Non-Compete - Funeral Director

    Working for a funeral home for over 4 years and even moved over 60 miles to be part of the community and help the business. Boss now wants me to sign a non-compete from working for anyone within 60 miles of any of his locations or any affiliates ...

    Daniel’s Answer

    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 limited in scope and location. For instance if you were to get One Million dollars not to compete for 2 year and sixty miles that would seem to me very very reaosnable if you were to get One Hundred dollars that would be unreasonable.

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  • How can i obtain my ex's tax return?

    My ex only pays $150 a month in child support and when i try to get it raised he doesnt show for court. I have no way to prove his income however he files a tax return every year which is garnished and given to me for back child support he owns hi...

    Daniel’s Answer

    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 immediately opt back in by filing a motion. Next make sure you set up an appointment with your caseworker and let them know your concerns. Finally, if you know he is working find out where and ask the judge, by way of motion, to sign a subpoena for the checks or cash they have paid to your ex. Good Luck!

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