Torree J. Breen’s Answers

Torree J. Breen

East Lansing Divorce / Separation Lawyer.

Contributor Level 3
  1. 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.

    Answered over 2 years ago.

    1. Torree J. Breen
    2. James T. Weiner
    2 lawyer answers

    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...

    Selected as best answer

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

    Answered almost 2 years ago.

    1. Howard M Lewis
    2. Laurel Stuart-Fink
    3. Torree J. Breen
    3 lawyer answers

    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.

    1 lawyer agreed with this answer

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

    Answered over 2 years ago.

    1. Brenda J. Richard
    2. Torree J. Breen
    2 lawyer answers

    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...

    1 lawyer agreed with this answer

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

    Answered almost 2 years ago.

    1. Laurel Stuart-Fink
    2. Torree J. Breen
    3. Neil M. Colman
    3 lawyer answers

    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...

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

    Answered over 2 years ago.

    1. Maryanne Spryszak-Hanna
    2. Torree J. Breen
    3. Neil M. Colman
    3 lawyer answers

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

    Answered about 3 years ago.

    1. Steven Arnold Heisler
    2. Justin Thane Bowen
    3. Henry S. Gornbein
    4. Torree J. Breen
    4 lawyer answers

    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.