My ex is withholding my daughter from me because I haven’t gotten the covid vaccination. What actions can I take to see her?: My ex is withholding my daughter from me because I haven’t gotten the COVID vaccination. We have a notarized parenting plan that was settled outside of court which states that I am to have her on the weekends. I haven’t seen my daughter in three weeks. What actions can I take to see my daughter?
Steven’s answer: Generally speaking, parents are supposed to follow the terms of the order currently in effect. If a parent has an issue such as the one you described, that parent needs to file a motion with the court to obtain a remedy instead of just making a unilateral decision which denies parenting time. It sounds like you have grounds to file a motion to have your ex held in contempt for violating the parenting time provisions of the existing order. Judges typically do not like it when parties take matters into their own hands in violation of the order in place. I hope this answered your question.
What is considered reasonable phone contact?: My parenting time schedule was changed due to my son starting school my original schedule we had our child half the week each prior. The new order is the same but just mixed around our new schedule now is Monday to Friday mom Friday to Monday dad So we both still have half the week With the exception mom gets the first Friday/weekend each month and dad gets all school breaks and more then half the summer After mediation and this was agreed-upon father decided to make a big deal want to add in phone conversations with our five year old every other day he’s at my house. I am not OK with this since three weeks out of the month it’s the same as before for the last 2 1/2 years and has never been an issue and phone calls were not really a thing it was only a thing during summer vacations when my child was gone for a long period of time. I understand when I have my child for 11 overnights when I get that weekend for a few phone conversations. What would be Considered reasonable they have reasonable phone conversations in this agreement now but what’s reasonable to me might not be reasonable to him. I feel like during the middle of the week a phone call is reasonable on the 11 over nights
Steven’s answer: You are correct that “reasonable” is a relative term. You don’t mention the age of the child, which would be an additional factor to consider. Generally speaking, my experience has been that frequent telephone contact during regular parenting time can seem a bit intrusive to the parent exercising parenting time, especially if parenting time is of short (2-3 overnights) duration. In that situation, perhaps one call is appropriate. It is best to have a specific time for the call so that all concerned know what to expect. Just before bedtime is often good, especially for younger kids. You are correct that the longer the parenting time session (say 7 consecutive days or more) should allow for more calls. The most important thing is to have a specific day and time arranged. I hope that answers your question.
Will a man still be held financially responsible if he terminates his parental rights/Can you just sign over rights in MI?: I have a newborn son and through DNA testing the father was confirmed.He however is married and is now wanting to terminate his rights to appease his wife and avoid child support.
Steven’s answer: I agree with Mr. Manwell. There is no provision in Michigan law to allow a parent to voluntarily terminate their relationship with a child unless it is part of an adoption of that child. Your child's father is obligated to pay child support and is also entitled to exercise parenting time. Before the father is obligated to pay support and entitled to exercise parenting time, he must first be legally be established as the father. This is done in one of two ways: through a lawsuit to establish paternity in which a judgment is entered declaring the identity of the father, or voluntarily through the signing of an affidavit by both parties acknowledging the identity of the father. If you are receiving benefits from the State of Michigan, the county prosecutor's office will likely commence an action on behalf of DHHS to establish paternity. I hope this answers your question.