Myself, and several men close to me have all been run the ringer by the same judge. she dismisses facts ignores what is best for children and has sided with the woman every time. In one case the mother didnt even have a legal address and admitted ...
Typically, if a party to a lawsuit is unhappy with the judge's decision, the proper course of action is to file an appeal with a higher court to have the decision reviewed. It is a legally complex process that requires expertise not only in appeals but in the type of law involved - in your case, family law. Time limits for filing an appeal are strict and short, so I would encourage you to speak to an appellate lawyer as soon as possible. There are several of us who handle family law appeals in Michigan.See question
My husband and I are separated...we have a restaurant the he runs daily...I just found out the he has transferred everything into his daughter name without my knowledge
You will lose any marital interest in the property transferred to his daughter unless you take swift action. The only action available is the filing of either a divorce or complaint for separate maintenance and aggressive action taken to recover the property into the marital estate. A spouse cannot simply transfer property into a third party relative/friend's name to avoid including it in the marital estate, but recovering it can be tricky as well. It is not something you are likely to accomplish without the assistance of a qualified family law attorney. I strongly encourage you to retain counsel as soon as practicable and take action to stop your husband in his tracks, before you lose claim to any interest in the business or other assets.See question
Hi, my daughter's father has not had his oldest (my step daughter) since we separated, which was over a year ago. Since then, his parents have had the child on his weekends because the dad has this theory, if his parents keep her during his time t...
I think you understand that you have no legal rights as to this child, as she is your step-child and the legal mother is currently engaged in a case to resolve custody and parenting time issues. Here is my advice: if the mother does not have a family law attorney, she certainly needs one. Taking advice based on the sketchy information you have provided would not only be reckless but it would be useless to her. At the very least, she needs to schedule a consult with a family law attorney to discuss the details of her case.See question
My ex husband and I share legal custody. I truly feel my children need counseling due to all the emotions and stress regarding our divorce. The problem is my ex does not agree they need counseling. What can I do to get the help my children need if...
In Michigan, if parents with joint legal custody cannot agree on something important to the welfare of the children, such as health care (and that would include mental health care), the court must decide the issue if a party files the appropriate motion. You will want a motion to order mental health counseling for the children. Simply asking is not enough; you need an experienced family law attorney to help you succeed in getting the counseling you are advocating for your children. I wish you all the best.See question
My daughter goes to her fathers every other weekend and he hasn't provided her with a bed and she sleeps in the same as him. There is a spare room in the house that could be made into a room for her but he refuses to do so. Is this legal or are th...
I agree with Mr. Gorbein. Further, I would say that whether it is wrong or not depends on individual families. However, in the counties where I practice, in metro Detroit, the family court judges generally expect a parent to be able to provide a bed for a child in order to exercise overnights, and most will also expect the child to have his/her own room, unless poverty prevents it. If you think that the situation is contrary to the child's best interest, a motion to modify parenting time to prevent overnights until the situation is rectified is an option for you.See question
My children's father recently filed a custody order to get full custody of my two children & would like for me to have visitation rights and to pay child support. I was recently served paperwork of him sueing me with a custody order which is stati...
Do not waste your time leaving the state. He will certainly obtain an order to have the children returned that he can enforce in the new jurisdiction, and if you were to disobey that order, you might be faced with charges of parental kidnapping. You need to stay and litigate the custody and parenting time issues. Stay with the children in the home and retain an attorney to protect your custodial rights. Good luck to you.See question
Child is legally adopted and parents feel strongly it's not a good idea for them to be together.
If the issue of sibling visitation is contested in court, the judge will determine the child's best interests. There is law in Michigan that strongly encourages sibling relationships, but each case must be decided on its own facts and the court should not order sibling visitation where it is not in a child's best interests. By the way, I do agree with brother counsel, that your question is not entirely clear and it would be helpful if you would flesh it out for us.See question
My ex husband and I just recently got divorced on January 24 2017. It would have been sooner then that( before December 31st) but there was something wrong with the custody paperwork with our two children that we have together. I went back in Janu...
If there is a court order awarding him the income tax dependent exemption(s) then his action was lawful, but it does not sound as if that is the case. According to the IRS the parent who has the children living with him/her the majority of the time has the dependent exemptions as a matter of law. Accordingly, you can contact the IRS, as brother counsel suggested. However, you can also seek remedies from the family court judge to ensure this behavior does not happen again, for example, a court order clarifying which parent has the exemption(s). I do recommend that if you are going back to court, you retain the services of a family law attorney to assist you, and wish you all the best.See question
I am a foreigner married to an African American man. physically and mentally abusing me. can I run out of the state with the kids without permission? Thanks
I am sorry you find yourself in this predicament, although I do not think the race of this man is really relevant to your legal problem.
If you can demonstrate emergency reasons for leaving (like domestic violence), then you can leave the state with the children, but you are really going to need assistance getting a case filed in a new state that allows the new state to take emergency jurisdiction, because he will certainly seek to have the children returned. You will absolutely want to retain an attorney familiar with the UCCJEA (the statute governing inter-state jurisdiction issues involving children/parental kidnapping). An alternative is seeking a domestic violence shelter and filing for divorce or, if you are unmarried, custody and child support. I wish you all the best.