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Gail M. Towne

Gail Towne’s Answers

9 total

  • I live in Michigan(The mom state). She has custody. Whats the chances of me winning and what course of action should i take now?

    The mother of my child has manic depressive disorder and called me at 5am last week planning her death. I'm starting to fear for my sons safety. I'm pretty sure she hasn't taken her medication. I've asked her not to contact me after 9pm unless its...

    Gail’s Answer

    If by planning her death, you mean that she is threatening to commit suicide while the children are in her care, you should be contacting Child Protective Services in your County. You do not say the ages of the children involved or if they are in her care when she is making these threats, but it sounds to me that these are issues of safety that need to be investigated. You should definitely contact a family law attorney in your area to also seek a change of custody and perhaps obtain a psychological evaluation.

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  • I have recently filed a change of custody motion....what happens if the mother of my son does not show up?

    My sons mother and I were never married, but we were together until 6 months ago....when we split up I moved out and my son is living with me. He only sees his mother on the weekends. I have no custody over him and have been paying child support. ...

    Gail’s Answer

    If she does not show up, she will technically be in default. It depends on what type of hearing date you are scheduled for, but if it is for an evidentiary hearing, the judge will allow you to put on your proofs and present your case as to why you think it would be in the best interests of your child for you to have sole legal and physical custody and what parenting time is appropriate and in your son's best interests. If you are before a referee on this matter, the referee will issue a recommendation and she will have time to object if she desires and if she fails to object, it will become a court order. child support will also likely be ordered in this matter depending on if you requested it in your motion.

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  • Getting a divorce, no kids. We are on good terms and both agree on who should get what. Can we get just one Lawyer?

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    Gail’s Answer

    You can use one lawyer in the sense that the lawyer is only representing one of you. In Michigan, one of you will be the Plaintiff and the other one will be the Defendant. The two of you should decide who should retain the lawyer, and although the attorney fees may come out of joint funds, that lawyer will only be giving one of you any legal advice, etc. If everything is agreed to, this should not cause too much of a problem as the lawyer can act primarily as a scrivener to draft your agreement in proper form and then as a counselor to guide you through the legal system to file the papers and get the final hearing date. However, if disputes arise, then that lawyer will only be advising and advocating for the represented party.

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  • Can a judge force me to take a hair folical drug test? and if not can he pass judgement on my refusal.....

    i am trying to obtain over nite visitation w/ my sone and have completed my probation w/ random urine tests and mouth swabs..... now my sons mothers lawyer is asking for hair test? is this against my rights and if i refuse can the judge pass judge...

    Gail’s Answer

    A judge can order you to submit to the hair follicle test. You can refuse. The judge will likely make your parenting time contigent on your submission to the test and negative results. A hair follicle test generally goes back 90 days and tests for various substances. If you will pass the test, then you have nothing to lose and will be able to exonerate yourself and hopefully obtain visitation with your son.

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  • Why do I have to pay support for a child that is not mine?

    My ex, with whom I have 2 children, has another child that is not mine. I was listed as the father. I never signed the birth certificate, was never married to the woman, didn't live with the woman, and never established a relationship with the c...

    Gail’s Answer

    No, if he attempted to "sign away his rights" before birth, it would not be legally enforceable because technically, there is no child until there is a live birth. Also, he would still be obligated to support the child unless his parental rights were terminated involuntarily or the child was adopted by a third party. Based on what you have divulged so far, your case sounds typical of an impending paternity action being filed after birth so that paternity of the father can be established, custody can be determined, and support set and collected. The order that results, referred to as an Order of Filiation, can name you as the sole legal and physical custodian, thus stripping him of custodial rights. However, custody is always modifiable, so he can always come back in later to seek modification, seek parenting time or otherwise exercise his "parental rights", unless they are terminated as set forth above.

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  • Can he file from another state?

    My husband abandoned us in michigan and now is a resident of mississippi, can he file from there or does he have to file in michigan?

    Gail’s Answer

    He can file for a divorce in his state as long as he meets the residency requirements there. I am not aware of what they are in his state, but in Michigan, one must reside in the state for at least 6 months before one can file for divorce. Also, by the question you asked, I am assuming that the two of you have children together. Assuming your children reside in the state of Michigan and have for at least six months (or otherwise have significant contacts in this state), the Mississippi court will not have jurisdiction to hear the custody action and Michigan will be the proper court to hear those issues. In that case, it is most efficient, generally speaking, to keep all issues of a divorce in one state, or one court.

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  • What can I do if the father does not follow the court ordered visitation

    The father is not follwing the court ordered visitation

    Gail’s Answer

    Any time a party does not follow a court order, that party can petition the court for enforcement seeking various relief, specifically seeking enforcement of the terms of the court order. The result will depend on what it is specifically that the father is not doing. For example, if he is not exercising his parenting time, the court cannot make him exercise it. What they can do, is take parenting time away from him, thus modifying your court order and increase child support in some cases. Obviously, there may be other solutions and remedies depending on your particular situation.

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  • My ex-wife and I agreed that we wouldnt go through the courts for child support 16yrs ago. Our divorce papers state this fact.

    My ex-wife and I agreed at the time of our divorce that we wouldnt use the courts to delegate any child support matters. Our divorce papers state this fact. After 16 years she has stated, that she is going to take me to court to obtain more suppor...

    Gail’s Answer

    Your wife can petition the court to modify your child support, which is almost always modifiable until your child turns 18 or 19 1/2 so long as he or she is in high school full time. She has the right to go through the courts at any time to seek support. An attorney should be able to calculate child support for you using the same software that the courts use to give you an idea of how much it would be.

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