Comstock Park Family Law Attorney.
As long as her move is within 100 miles of her current address (and anywhere in Oakland is) she does not need to seek court permission to move. Short answer, as long as she notifies the FOC she's fine.
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The first thing you need to do if you want to prevent garnishments from reaching your husband's money is to seperate your property from your husband's. This includes joint bank accounts and yes, most likely, your tax returns. If you file jointly, don't be surprised if the full amount of the refund is garnished to pay off your debts. If you want to avoid future garnishments, you need to talk to your probation officer and see about setting up a payment plan that is agreeable to both of you.
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To properly contest a PPO you have to file to have it terminated within 14 days of being served with it. That is your first and biggest hurdle. If you are within that time frame, and you can prove she was contacting you during the time she alleges the unwanted contact occurred you may have a chance of having the PPO dismissed. But as attorney Ostrawski noted, as long as the PPO is in place ANY contact with her is a violation, and you can get in serious trouble. Unless and until the PPO is...
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I'm sorry, but it's not clear what you are asking here. Yes, medical marijuana laws were passed in Michigan two years ago. It sounds like he may qualify, but he must see a physician for a prescription.
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One simple question - is this the 4th time a PPO was filed against you or the 4th time a PPO was granted against you? If this is the 4th time a PPO was filed, and the previous 3 times have been denied, you may want to ask the court to award you sanctions. There is a court rule that allows for court fees and costs if the court determines the action to be taken merely to harass or to be vexatious in nature. If it is the 4th time a PPO has been filed and the previous 3 times it was granted -...
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While it may be possible to petition the court for a change in custody and parenting time under these circumstances, you still have to overcome the burden of proving proper cause or change in circumstances from the last time you have a custody order entered. Just because the 16 year old wants to change where she lives is not going to be enough to do that. Frankly, the court may tell you that you are the adults in the situation and the child is not going to be the one allowed to drive the bus...
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If you are not getting any headway with the Friend of the Court by filing your parenting time violations there, you still have the option of taking the matter directly before the judge. You will need to file what is known as a Motion to Show Cause. In essence it says "There is a court order that says X, Person B has been ignoring that court order by doing or failing to do X, Person B needs to come before the court to show proper cause why he is failing to do X". Judges do not like when...
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Your ex will have to file in the state where the child resides, in this case Michigan. Because you are anticipating your child will be on government assistance, the State is going to go after your ex for child support. The issue of visitation is seperate from the issue of support. It depends on how your ex decides to proceed as to how much getting the issue of visitation resolved in going to cost. Let me make clear though - this is not a pay for play situation. Even if your ex never pays a...
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Without filing for divorce, you will not be able to keep your children away from the mistress. However, once you have filed the court may grant an order than prohibits either party from bringing the children around a signficant other during the course of the proceedings. Do note, this is a double edged sword, the court will only order it if it applies to both of you. Speak to a local attorney as soon as possible about your options. You will want to address this concern with them in the...
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You've fallen into a common misperception - that child support is linked to parental rights. It's not, and even if he is not paying, he still has his parental rights. Parental rights may sometimes be terminated if a parent has not been active in his or her child's life for a period of at least two years. However, the court is going to want to make sure there is someone else to step in and fill the gap. For example, if you are married and your husband wants to adopt the children as his own,...
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