Gail M. Towne’s Answers

Gail M. Towne

Kalamazoo Family Law Attorney.

Contributor Level 7
  1. What can I do if the father does not follow the court ordered visitation

    Answered about 4 years ago.

    1. Gail M. Towne
    2. Joshua L. Ben
    3. Elliot S Stomel
    3 lawyer answers

    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....

    1 person marked this answer as helpful

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

    Answered almost 4 years ago.

    1. Gail M. Towne
    2. Tracie Lynn Mccarn-Dinehart
    2 lawyer answers

    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...

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

    Answered almost 4 years ago.

    1. Gail M. Towne
    2. Alan James Brinkmeier
    3. Sean Martin Mccumber
    3 lawyer answers

    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...

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

    Answered almost 4 years ago.

    1. Gail M. Towne
    1 lawyer 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.

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

    Answered almost 4 years ago.

    1. Jared Clayton Austin
    2. Gail M. Towne
    2 lawyer answers

    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,...

  6. Can he file from another state?

    Answered almost 4 years ago.

    1. Gail M. Towne
    2. Henry S. Gornbein
    3 lawyer answers

    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...

  7. How does a father file for custody from Michigan when my kids live in Alabama there is no custody or suport agreement in place

    Answered about 4 years ago.

    1. Gail M. Towne
    1 lawyer answer

    Assuming your children have lived in the State of Alabama for over six months, you would need to file the custody action in Alabama and retain an attorney who practices law there. Alabama is the home state of the children and would have subject matter jurisdiction over any custody proceedings involving the children.

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

    Answered about 4 years ago.

    1. Joshua L. Ben
    2. Gail M. Towne
    3. Monika U. Holzer Sacks
    3 lawyer answers

    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.