Peter Michael Kulas’s Answers

Peter Michael Kulas

Grand Rapids Family Law Attorney.

Contributor Level 9
  1. My first question is do you have to be 16 to get emancipated and also what are the special situations if you are not yet 16

    Answered over 2 years ago.

    1. Peter Michael Kulas
    2. John J. Keenan
    3. Brenda J. Richard
    3 lawyer answers

    A minor may be emancipated from his or her parents or guardian by operation of law or through a petition filed with the family division of the circuit court. MCL 722.4. Operation of Law: A youth may be emancipated by operation of law when he or she is legally married, is 18 years old, or is on active duty with the US Armed Froces. MCL 722.4(2). By Petition: A minor seeking emancipation shall file a petition for emancipation in the family division of circuit court in the county where the...

    4 lawyers agreed with this answer

  2. I meet all requirements on the MI court rule 3.212 and want to transfer my domestic relations case. What forms do I need to file

    Answered over 1 year ago.

    1. Allison Greenlee Korr
    2. David B. Carter Jr.
    3. Peter Michael Kulas
    4. Robert E. Harris Jr.
    4 lawyer answers

    Michigan Court Rule, 3.212 sets forth the requirements that must be met for a post- judgment transfer of a domestic relations case to take place between counties within the State of Michigan. A motion must be filed in the court that currently has the case. A motion to transfer cannot be granted unless all of the following conditions are met: (1) the transfer is requested on the basis of residence and convenience of the parties, or other good cause consistent with the best interest of...

    3 lawyers agreed with this answer

  3. Do I need a new lawyer or a new judge?

    Answered over 3 years ago.

    1. Peter Michael Kulas
    2. Ross Carlton Meltzer
    2 lawyer answers

    When a court is considering parenting time the terms must be in the best interests of the child. Under MCL 722.23, the Best Interest of the Child means the sum total of the following factors to be considered, evaluated, and determined by the court: (a) The love, affection, and other emotional ties existing between the parties involved and the child. (b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and...

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  4. In Michigan at what age can a child decide who they want to live with?

    Answered about 3 years ago.

    1. Peter Michael Kulas
    2. Christine Marie Heckler
    3. Timothy C. Quinnell
    3 lawyer answers

    You will have to follow the Court's current order until you have a new one. In order to get a new order you will have to bring a motion to change the parenting time and/or custody claiming that the current situation is not in the "best interest of the child" (what you will need to show the judge to get your motion granted). However, know that it is a lengthy process with many challenges. Briefly, a trial court must consider three issues before modifying a custody order: (1) has the...

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  5. HOW CAN I FIGURE IF I AM GETTING THE CORRECT AMOUNT OF child support?

    Answered over 1 year ago.

    1. Kelly G. Lambert III
    2. David B. Carter Jr.
    3. Peter Michael Kulas
    4. Robert E. Harris Jr.
    4 lawyer answers

    I agree with my colleagues. You should contact the Friend of the Court and see what information they utilized when calculating the child support amount. If they did not include your ex's additional income, I suggest hiring an attorney to subpoena the appropriate information so a correct calculation can be made.

    2 lawyers agreed with this answer

  6. How do I divorce my spouse who is in jail in MI?

    Answered over 2 years ago.

    1. Henry S. Gornbein
    2. Peter Michael Kulas
    3. Daniel Seth Williams
    4. Manuel Alzamora Juarez
    4 lawyer answers

    In a domestic relations action involving minor children, where one of the parties is incarcerated, the party seeking an order regarding a minor child must: - contact the Department of Corrections to confirm the incarcerated party's prison number and location; -serve the incarcerated person, and file proof of service with the court; and - state int he petition or motion that a party is incarcerated and proved the party's prison number and location; the caption of the petition or motion must...

    2 lawyers agreed with this answer

  7. If I receive gifting from my mother of $13,000 is it considered income when figuring child support?

    Answered over 2 years ago.

    1. Ezra N. Goldman
    2. Peter Michael Kulas
    3. Daniel Findling
    3 lawyer answers

    According to the Michigan Child Support Formula Manual, which can be found at: http://courts.michigan.gov/Administration/SCAO/Resources/Documents/Publications/Manuals/focb/2008MCSFmanual.pdf Income Does Include Wages, including all actual overtime, commissions and bonuses 2.01(C)(1); Self-employment/business income 2.01(C)(2) (past, present or future • average if irregular); Military pay 2.01(C)(4); Tips, gratuities, royalties, interest (incl on gifts/inher, 2.01(H)), dividends,...

    2 lawyers agreed with this answer

  8. Can the father of my children get full custody of our children without my consent?

    Answered over 2 years ago.

    1. Peter Michael Kulas
    2. Ronald S. Pichlik
    2 lawyer answers

    Yes. The father may have filed a motion seeking full custody with the court sometime in the past year. If you failed to show up, then the court could issue a default judgment against you and grant him the relief he was seeking. However, you are required to receive notice of any pending court actions because if he did file something with the court and you were not properly notified you may be able to undo whatever he may have done. My first suggestion would be to contact Kent County Court...

    2 lawyers agreed with this answer

  9. What qualifies me for full custody of my child

    Answered over 2 years ago.

    1. Peter Michael Kulas
    1 lawyer answer

    Custody is determined by the best interest of the child standard. You can read more about this at MCL 722.23; there are 12 factors that the court considers when determining custody. They are as follows: (a) The love, affection, and other emotional ties existing between the parties involved and the child. (b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her...

    2 lawyers agreed with this answer

  10. Can I request supervised visitation for my children?

    Answered about 3 years ago.

    1. Ezra N. Goldman
    2. Edward Jacob Sternisha
    3. Peter Michael Kulas
    3 lawyer answers

    I agree with both Ezra and Edward. It is important that you bring this type of behavior to the courts attention sooner or later. It does take some time from when you file the motion to go through all the court proceedings to finally get your change in parenting time; therefore, the sooner you file the sooner you can see a resolution. Keep in mind, generally when there is a change in custody or parenting time the court will order what is called an evidentiary hearing. Where both parties...

    2 lawyers agreed with this answer

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