Terry R. Bankert's Answers

Son turning 18, support will continue but what about court order vistation?

QUESTION:My step-son is turning 18 in a few short days. He is a junior in high school. Order states that husband must continue to pay child support until he graduates(which we have no porblem doing), but now mother says the son doesn't have to come to visit on the weekends and/or holidays and the Order states because he is no longer a minor. Is this true? She will not encourage or facilitate meetings between son and I and in fact prevents them as well. First I will look at how other...

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How can my husband adopt my daughter, her biological father has never been involved and she is 15, what is the process

You should consider a stepparent adoption. A stepparent adoption is one in which the birth parents are either divorced or were never married but the father had acknowledged paternity, had paternity adjudged by a court of competent jurisdiction, or had established a custodial relationship with the child under MCL 710.39(2); the custodial parent remarries; and the new spouse petitions the court to adopt the child(ren). To facilitate a stepparent adoption, the biological noncustodial parent must...

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How do I file for a legal seperation? Will setting up seperate households change on how our taxes are filed?

“legal separation.” There is no such action authorized by statute in Michigan. A judgment of separate maintenance or a written separation agreement (see §6.8) may be suitable, providing defined financial arrangements without divorce. An action for separate maintenance is unusual. Sometimes a couple will request separate maintenance because they have a religious objection to divorce, or they want to stay married so that both parties have continued health care coverage. An action for separate...

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Can my ex get me in trouble for not sending my son to his supervised visits.

Flint Divorce Lawyer Terry Bankert was asked the following question through AVVO. “Can my ex get me in trouble for not sending my son to his supervised visits. My ex mother in-law has not obeyed the rules for the visits. She currently is not allowing my ex to go to her house due to various thefts and drama. During the past six months she has been to rehab, had documented heroin and other drug use, she has an ongoing protective services case, and she only has come to see him about half the...

What rights do we have as Grandparents (living in Michigan) to see our granddaughter?

There is a grandparents rights statute in Michigan where grandparents may seeek relief once every two years. The court may order reasonable attorney fees to the prevailing party. MCL 722.27b(8). This means that grandparents who go to court and lose may have to pay their childrens attorney fees. You get in front of a judge by filing a motion. You must state and be able to prove that the parent’s denial of grandparent visitation creates a substantial risk of harm to the child’s mental,...

I have raised my grandson from birth till age 8 now his father wants him he is unable to keep a job and lives in filth, help us

You may consider seeking a guardianship. MCL 700.5204(2) provides that the court may appoint a guardian for an unmarried minor in the following situations: •The parent or parents permit the minor to reside with another person and have not provided that person with legal authority for the care and maintenance of the minor. These circumstances must exist at the time the petition is filed. See Deschaine v St Germain, 256 Mich App 665, 671 NW2d 79 (2003). Contact qualified counsel in your...

Married less than two years, no children ,will she get any of my retirement money, ie, deff. comp., pension

MCL 552.18 states that vested rights in a retirement plan or annuity “on account of service credit accrued by the party during marriage” are marital property subject to division. Unvested benefits may be considered marital property “where just and equitable”. In addition, MCL 552.101(4) requires every judgment of divorce or of separate maintenance to determine all rights of the parties to all retirement benefits, including: “(c) any right or contingent right in and to unvested pension,...

Can my ex take me for child custody at a reavaluation hearing for child support?

He will have to file a motion with the court for a change in custody. It will be served on you, answer it and a separater court hearing will be set. The Child Custody Act authorizes a trial court to modify child custody orders “for proper cause shown or because of change of circumstances,” and if in the child’s best interests. MCL 722.27(1)(c). While the parties may stipulate to a temporary custody arrangement during the pendency of a divorce and the court may enter a temporary order...

Can I waive all child support owed to me?

Although a court may consider an agreement between the parties, the court is not bound by it. Bowman v Coleman, 356 Mich 390, 97 NW2d 118 (1959); Lewis v Lewis, 73 Mich App 563, 252 NW2d 237 (1977). If the parties stipulate to the amount of support, that fact should be made a matter of record, Bedford v Bedford, 49 Mich App 424, 212 NW2d 260 (1973), but the parents may not stipulate themselves out of child support, Ballard v Ballard, 40 Mich App 37, 198 NW2d 451 (1972). Parents may not...

Can a biologial father just show up and want custody without a investigation of him?

A minor guardianship is a mechanism to give a person other than a custodial parent power to make decisions on behalf of a minor. A full guardian has standing to file a custody suit in the family division of the circuit court. If the child has been left with you you should condider a guardianship. The parent or parents have permitted the minor to reside with another person and have not provided that person with legal authority for the care and maintenance of the minor. MCL 700.5204(2)(b)...