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Torree J. Breen

Torree Breen’s Answers

6 total

  • Can my husband(soon to be ex) change the kids schools w/o my permission?

    He has physical custody. We have joint legal. I am going through the motions with my lawyer to get it over turned. The kids started out in other schools and I changed their schools closer to me (where they were residing). They have been in their n...

    Torree’s Answer

    He may change the schools, but it may not be "legally." These decisions are supposed to be made by the two of you. I think this is something you should try to work out with your ex. The court will decide if the two of you cannot agree on the right school. Thus, the court ultimately will decide where your child will attend school and that might not be at either of the schools you as a couple prefer.

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  • (Michigan) Are we in viloation of child custody laws?

    We moved to another state from Michigan and there is joint custody of my child, the other parent met me halfway between michigan and north dakota and gave me our child, we are enrolling them in school this upcoming school year as child will be in ...

    Torree’s Answer

    I agree that you are in violation of the court order; however, this may be remedied by you entering into a stipulated agreement with your opposing side. If the other side has given consent for the move, you can enter into an agreement that modifies the custody. Clearly there may also be a need to change child support as well if the custody has changed. Neither party has any rights to the custody beyond those already given by the Court in the original order establishing custody. You may have difficulties in registering the child in school out-of-state as well if the paperwork does not match up to the recent change.

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  • Can my wife keep my kids from me while she files for a temporary custody agreement?

    My wife and I are going through a divorce and she just told me today she is filing for temporary custody. My kids are 16, 15, and 14. Does she have any legal rights to keep my kids from seeing me while we wait for the court's decision on temporary...

    Torree’s Answer

    Most jurisdictions try to expedite the temporary order to avoid these types of disputes between spouses. Unfortunately, the children are the losers in this battle. Law enforcement officers will not get in the middle of this dispute either and will likely tell you to go to court to work out your problems. If your children are being kept from you, I recommend that you consult with a lawyer in an effort to expedite the process. Your spouse loses credibility if she withholds the children from you unless she has a reasonable basis to deny parenting time. Courts try to avoid parental estrangement.

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  • I just recently found out that my 12 yr old has been smoking and trying to sell pot.

    my ex has custody of our 12 yr old daughter. he recently just moved his new girlfriend and her 16 year old son into his 2 bedroom house. the son does not have a bedroom of his own and sleeps on the couch. i have proof and witnesses that my daughte...

    Torree’s Answer

    I re

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  • I am a father with joint physical custody of my son. I want to know if I would be a good candidate to go fo full custody.

    I have joint physical custody of my 3 year old son. His mother and I have 7 days on and 7 days off. She asks me to take my son VERY often on her time mostly on the weekends, I always take him. She has had some run ins with the police and was charg...

    Torree’s Answer

    • Selected as best answer

    I recommend that you consult with another attorney to review the actual facts to determine if it is the right time to challenge custody. Custody is a civil proceeding which means the burden of proof is at a lower standard than to actually secure a criminal conviction. A person does not need to be convicted of a crime to result in a custody change. There may be police officers and/or witnesses that may be able to testify to the wrongful behavior of your ex and this alone may meet the burden that your ex is not a proper candidate for 50/50 custody. The eye witness testimony may convince a Judge to change custody. Overall, I think a second opinion may be beneficial. To make that second opinion beneficial, however, I would secure the police reports pursuant to the Freedom of Information Act to present to the second attorney to weigh the strengths of your case.

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  • If a house cannot be sold as a result of divorce disagreements, what are the consequences of allowing it to enter foreclosure?

    There is a mortgage on the house.

    Torree’s Answer

    In general, the bank can foreclose on the property and all parties to the mortgage will be responsible to pay the overage of the loan even if there was a judgment of divorce entered by the court requiring one party to pay the mortgage. It is best to make sure your name is removed from the mortgage and/or refinanced if you are not the party maintaining the house pursuant to the judgment of divorce.

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