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Michael Bramlett Miller
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Michael Miller’s Answers

11 total


  • Is there a chance for a grandparent to be awarded custody from a parent who is emotionally abusive to the child?

    On June 3, my granddaughter's father was awarded temporary 6 month custody of Olivia who is seven. Since that time, he will not allow us to see Olivia, or even speak to her by phone. I believe he is emotionally abusing her. There is a past case...

    Michael’s Answer

    There is a chance but it can be a difficult outcome to reach. The Court certainly tries to maintain the most "family-like environment" and does not frequently venture outside the biological mother and father without certain factors being met. It will also depend quite a bit on the ability to prove the emotional and/or physical abuse beyond hearsay.

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  • Can a 16 year old chose which parent to live with for no good reason.

    16 year old son wants to live with his dad because his mom has rules and holds him accountable for his actions.

    Michael’s Answer

    Quite a bit can impact that outcome based on what can be revealed as the motivating factor(s) of the minor. Can you show there is lack supervision at one home? Can you show that one parent is manipulating the decision making for certain reasons? These types of things can overcome the "choice" the 16 year old states.

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  • What is the likelihood that my wife and I can get custody of my nephew and niece?

    My sister lost custody of her children a couple years ago. She had a history of abusing prescription medications. Her boyfriend was also accused of abusing my nephew. The courts granted custody to their father. During their marriage he was abusive...

    Michael’s Answer

    While it is true that it would be an uphill battle it would also have some reflection on the amount these children have become integrated in to your own through the care you are already providing. It's all about best interest but a Court will go out of its way to maintain the most "family-like setting." The appointment of a guardia ad litem (GAL) would likely reveal the factors in your favor and give a recommendation as to whether or not the burden should be overcome in your favor.

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  • How do I protect my daughter from her abusive father between now and our court date?

    I have a 7yr old daughter and her dad has court ordered visitation. Many times on the day of his scheduled visitation he will cancel on our daughter saying he's too tired or just mad at me and has done so excessively in the last 4 yrs. In Dec last...

    Michael’s Answer

    In the interim you would also want to consider filing for a protection order. More details would be necessary in terms of which court would have jurisdiction. That could get immediate protection in place.

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  • Sister left her child with me to move, how can i get custody?

    My sister left to move to another state recently and i have her son. I cannot take him to appointments for him (he's 4 months old) because i don't have legal rights. His father is in town but cannot take care of him because of financial and livin...

    Michael’s Answer

    You are going to be hindered greatly without either temporary custody or a guardianship. It will certainly depend on your sister's plan and level of interest.

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  • How can I receive child support if he uses different aliases at his jobs?

    My babies father has a job but uses multiple names, he is from Africa.

    Michael’s Answer

    I would take a look back at any and all documentation that you may still have with any identifiers on it. Child Support Enforcement Agency does have means to track him down to obtain support. However, anything you can provide will only help.

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  • Could I file for a custody change based on this or get him for violating our terms? Not sure how to proceed.

    My ex-husband and I have shared parenting with our 5 yr old son. This arrangement sucks. (did week in week off schedule until our son started school) Divorce decree states that we provide 50/50 support for him. Son would live with mom for school. ...

    Michael’s Answer

    You are certainly in need of counsel. There should be grounds to petition the court for the change of circumstances to address custody in general. Further, there is need for a modified parenting time order which Dad should have filed for before he left.

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  • After Divorce Custody ruled on both Parties Agreed..living State to State distance, can Party change custody in another state?

    Both of us agreed to have shared parenting plan, but we living in two different state. Can the party with more free time to watch the children, and with less income to travel change custody the other state due Safety and economic issues that it ...

    Michael’s Answer

    Following on a number of the points in the other responses, you would also want to discuss and develop the facts present with an attorney to see if there is ability to register the Decree in another state if the circumstances fit. It is unclear if an Ohio court was the court of original jurisdiction under your facts.

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  • Can one parent report the other parent to the IRS for tax fraud to ensure they themselves maintain custody of the children?

    Friend's ex is not happy about a recent court order regarding the custody of their child, so has been harrassing my friend. The ex says they will report my friend, and the business she works for, to the IRS for tax fraud- saying my friend went a f...

    Michael’s Answer

    This and other types of reporting are often raised as "tools" that may help gain advantage in child custody. However, when you review the factors for consideration of the best interest determination, although the factors are plentiful and broad, tax fraud doesn't necessarily provide a slam dunk element for consideration beyond other more direct factors of best interest. The Court is very likely to care more about the living arrangement; observations of the child during time with the respective parent; whether one parent or the other is the primary caregiver, etc... Further, you may want to make sure that this alleged tax fraud didn't occur during a time when you, yourself, would be found on a joint tax return, etc...

    NOTE: The information contained in this post is intended to be used for informational purposes only and does not constitute legal advice. The information is not intended to create an attorney-client relationship. Online readers should not act upon any information contained in such posts without first seeking the advice and representation of professional legal counsel.

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  • What options do I have for picking up and dropping off my child with the other parent?

    High conflict custody case. I am residential parent. Ex is upset over court order and often yells at me, in front of our kids at pick-ups and drop-offs. There are 3 days a month where my current wife helps transport the kids (allowed in our court ...

    Michael’s Answer

    The options can be rather plentiful but it very much depends on the specific circumstances (age of the children; geographic proximity to one another; etc...). However, courts do frequently consider curb-side drop off and pick up to avoid altercations. They also frequently advise selecting a local police station (if feasible) or even a very public area (such as a shopping center parking lot) as alternatives. With an outlook that this issue may lead to later litigation for protection or modification it may be in your best interest to at least document the interactions in a journal or even openly videotape the exchange encounters as at least some line of protection.

    NOTE: The information contained in this post is intended to be used for informational purposes only and does not constitute legal advice. The information is not intended to create an attorney-client relationship. Online readers should not act upon any information contained in such posts without first seeking the advice and representation of professional legal counsel.

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