Legal Question in Family Law in Michigan

My almost 12 yr old grandson who is visiting his father in Michigan along with his nearly 8 yr old sister from Florida, is wanting to stay with his father and his mother is devastated. Her ex. is encouraging the children to want to stay by making their time with him great fun and thats a good thing, however they are still young and need to be with their mom. She is a single Mom just trying to survive an dthis is a real blow she's afraid since her ex said he is taking it to court to get this accomplished. She is a good Mom a respectable citizen with no reason for the children to be taken from her. her ex is a control freak and just wants it his way. As it stands per court custody ruling , he has the kids every other Christmas , every spring and summer break and because they had all moved together to Florida during a brief reconcilliation (he moved back to Mich) she pays 60% of the travel which is crazy but for unknown reasons her lawyer could not believe the judges ruling on that but thats how it is. She (lawyer) argued that the Judge was penalizing a struggling single Mom to no avail. The ex is remarried and pays not even $200. a mo. child support for both kids combined ! He has a minimum wage job I suppose. Can a 12 yr child make that call? What reason does the ex have to have a court hearing on this? Can he ask for this with no actual cause othe than the 12 yr wants to stay. This is normal for kids to want their parent but what legally is most likely to happen?


Asked on 8/09/09, 12:34 am

1 Answer from Attorneys
Keri Burnstein Keri Burnstein, P.C.

Is the current court order from Florida or Michigan?

I can only answer based on Michigan Law. The children do not have a right to make decisions regarding custody or parenting time until they are 18. Either parent, again according to Michigan Law, can file for a change in parenting time or custody as both are always modifiable. This is not say it is easy to change custody or parenting time. The party filing the motion would have to prove a change in circumstances as well as the best interests of the child. If the father files a motion, it is definately in your daughter's best interest to hire an experienced family law attorney.

Feel free to contact me for a free consulation. Good luck.

Keri Burnstein

Read more
Answered on 8/17/09, 11:09 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Michigan