How do you go about requesting an adjournment for an evidentiary hearing on custody change? What would be considered good cause?
Brent's answer
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Answered on February 26, 2016
You should start with a phone call to the friend of the court to make your request. They are likely to tell you that you need agreement from your...
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Can child support payments be reduced due to change of living expense circumstances including marriage?
Brent's answer
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Answered on February 26, 2016
In all likelihood the answer is no. Child support is not effected by living expenses. Your change in marital status may cause a small change in...
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I have been through Friend of the court with my oldest but not my youngest. what should my first step be?
Brent's answer
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Answered on February 26, 2016
You need to file a custody case to address the issues of custody and parenting time through the courts. You will need to meet with a family law...
Can a non biological father legally sign an affidavit of parentage?
Brent's answer
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Answered on February 23, 2016
You have no legal rights here and therefore do not have "standing." You cannot falsify an affidavit of parentage or otherwise claim to be the...
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Would my case fit under the statutes of MI child abandonment?
Brent's answer
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Answered on February 23, 2016
This will not qualify as abandonment for purposes of terminating his parental rights because he is still paying support for the child. However you...
Archived
Is my home martial property or separate property here in Michigan?
Brent's answer
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Answered on February 23, 2016
Your home began as separate property but may now be marital property depending on what has happened during the marriage. You need to look at the...
Archived
Can I refuse to talk to CPS and go to court hearings if older than 18?
Brent's answer
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Answered on February 23, 2016
You can initially refuse to speak to CPS. If this is an ongoing investigation, then you need to meet with a criminal attorney regarding these...
Archived
Parenting time due to school aged child
Brent's answer
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Answered on February 23, 2016
Looking at your local friend of the court website is a good start. You can also look at St. Clair County friend of the court online. They publish a...
Archived
I have sole physical custody but the other parent has visitation rights. Can I move out of state without court approval?
Brent's answer
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Answered on February 22, 2016
Yes you will need court approval to move out of state or more than 100 miles. That is the requirement based on state law because you have joint...
Archived
Do I have to ask my husbands permission to move of state with my son if we do not have a custody agreement in place?
Brent's answer
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Answered on February 21, 2016
No you do not need your husband's permission so long as there is no custody, support case or divorce case filed. If there are no legal matters...
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