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Henry S. Gornbein
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Henry Gornbein’s Answers

1,245 total


  • GAL in custody case

    Should my child's GAL have been present at the custody hearing, my lawyer didn't think it was necessary, but we lose the case.

    Henry’s Answer

    Hi, It is impossible to answer your question without knowing more of the facts. Normally the GAL for a child is present at any hearings. I am surprised that the GAL was not present. Good luck to you.

    Henry Gornbein

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  • How to modify a divorce?

    When I was divorced in 2012, my ex-wife lied about being pregnant (by another man), and in 2014 when she had our child support modified, she added her child (that is her new husbands child). So now I have been paying child support for 2 years on a...

    Henry’s Answer

    Hi, I urge you to talk to an attorney at once. You should file a motion to eliminate the child support for the other child based upon the misrepresentations made by your former wife. Good luck to you.

    Henry Gornbein

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  • Do I need to schedule doctors appointments around mothers schedule during my parenting time

    Mother and I share 50/50 custody of our 8yr old son. I have him during week she has him on weekends. I've always made appointments to assure she could make them but it is becoming very difficult and she's always rescheduling to her schedule not hi...

    Henry’s Answer

    Hi, Joint custody means that the two of you should communicate regarding medical and dental appointments. It does not mean that you have to both be at all appointments. If you cannot work this out and do some compromising on both of your parts then the courts will enforce some type of scheduling arrangements based upon who is being the most unreasonable. Good luck to you. I also advise you to talk to an attorney for more advice and information.

    Henry Gornbein

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  • What can I do if the other parent isn't following doctor's orders for our daughter's medical condition?

    My ex husband & I have a 6 yr old daughter with diabetes. He has been told previously, in our divorce papers & by the doctors, to monitor her blood sugar 4-6 times a day. This dictates how much insulin she's to receive for each meal & the doctors ...

    Henry’s Answer

    Hi, This is very serious. If he is not properly monitoring your daughter and refuses to abide by the court orders this could be a basis for limiting his parenting time. I am familiar with juvenile diabetes and it cannot be ignored or taken lightly. Talk to an attorney for more advice and information. Good luck to you.

    Henry Gornbein

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  • Do I need to serve my EX to move out of state?

    I have full legal and physical custody. She only has visitation. I am petitioning to move out of state for a job opportunity. It would require a modification to visitation time, but since I have full legal am I required to serve her papers?

    Henry’s Answer

    Hi, Even though you have full legal and physical custody in view of the fact that you are modifying visitation as well as planning to move out of state it is my opinion that you have to serve your former spouse with the papers for the relief that you are seeking. I also suggest that you talk to an attorney for more advice and information. Good luck to you,

    Henry Gornbein

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  • Chances of contempt

    Defendant denied parenting on several occasions. I decided to switch days to be nice how ever a proceeding for contempt without out an objection is in place still and no stip. there is paper work for switching days but Nothing else. Still a chance...

    Henry’s Answer

    Hi It depends upon the facts and your judge. You want a written order for protection. Talk to your attorney for more advice and information. Good luck to you.

    Henry Gornbein

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  • Is there a statute of limitations on a divorce decree?

    Divorce finalized in 2004 my ex was too sell the home and we split the proceeds he let the Home go into foreclosure before the divorce was finalized can I seek contempt of divorce

    Henry’s Answer

    Hi, I urge you talk to an attorney at once. The statute of limitations for enforcing a judgment is normally 10 years unless it is renewed. Good luck to you.

    Henry Gornbein

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  • Can I get travel/living restrictions lifted on my child?

    I live in the state of Michigan. My husband and I divorced in 2007. I was granted physical and legal custody of our child, and my husband got supervised visitation. My ex-husband is not a citizen. He has not asked to see his son in the past 6 ...

    Henry’s Answer

    Hi Based upon your having sole physical and legal custody of your child this should be very simple and the court should grant you permission to move to the location where your sister wants to return. Talk to an attorney for more advice and information. Good luck to you.

    Henry Gornbein

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  • Can I get travel/living restrictions lifted on my child?

    I live in the state of Michigan. My husband and I divorced in 2007. I was granted physical and legal custody of our child, and my husband got supervised visitation. My ex-husband is not a citizen. He has not asked to see his son in the past 6 ...

    Henry’s Answer

    Hi Based upon your having sole physical and legal custody of your child this should be very simple and the court should grant you permission to move to the location where your sister wants to return. Talk to an attorney for more advice and information. Good luck to you.

    Henry Gornbein

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  • How do I get my exes rights revoked? He is absent and my husband would like to adopt.

    My daughters father has been absent for 7 years and she does not know him. I would like to terminate his rights and have her adopted by my husband but am afraid in doing so, he may be awarded visitation. I just feel that he would be causing emot...

    Henry’s Answer

    Hi, Under the law in Michigan, there is a presumption that once a parent has had no contact with a child for at least 2 years that there is a strong presumption favoring the adoption by a step parent. If there is an adoption he would be relieved of his child support obligation which could be a factor in getting him to not contest the step parent adoption. Talk to an attorney for more advice and information. Good luck to you.

    Henry Gornbein.

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