Legal Question in Family Law in Michigan
Child Support/Visitation
My husband has a son in MI-we live in TN. He has always paid his support. Last yr. he went to court and they raised his support. They raised it so much we can barely pay our bills. He asked for visitation and they told him no. He asked for a blood test and they told him he had to pay $500 and hire a lawyer. The mother has hid from us for the past 8 yrs. Everytime we find them she gets her phone cut off and moves. Doesn't he have the right to see his child? We don't know what to do. We can't afford a lawyer because he is paying so much in support and we don't know where to start being 3 states away. What can we do?
2 Answers from Attorneys
Re: Child Support/Visitation
Yes, generally speaking a man has a riht to visit and have a relationship with his child. I do not know why the court did not award visitation, but it could be a jurisdictional problem. Did the court bring that up? Did your husband have a lawyer at the hearing? Simply because a court has jurisdiction to address child support, does not mean it necessarily has jurisdiction to award visitation. Because of the prolonged absense from the child's life one could understand the visitation to start out slowly and only increase over time. The problem is that you will likely have to go to Mich. to seek this. That obviously will cost money which you say you do not have. Jurisdiction to set visitation depends on certain questions such as where the divorce was if there was a divorce, what court has most recently accepted jurisdiction of custody/visitation issues, where the child has been living lately, and where the parents live. There are other issues that come into play as well. I am fairly sure you will need a lawyer to help you with this. Depending on state laws and procedures, you probably have the right to represent yourself, but I would not suggest it. If you know of a lawyer who will handle this for $500 as you state in you posting, you have probably found a good bargain. You should always interview potential lawyers and never base your hiring decision solely on price. Best of luck to you and your husband.
Re: Child Support/Visitation
I'm going to give you some advice you probably do not want to hear.You need a lawyer. A low price will almost surely not give you want you want but a high price is many times not worth it either. I talk to many potential clients who do not hire me because they feel my fees are too high, although I normally charge as little as I can and still do a good job. Most of these clients who do not hire me, are driving decent vehicles and have at least some luxury in their lives. I do not begrudge them the good things of life, but you have to have your priorities straight. My guess is that perhaps support was figured without giving sufficient regard for the other kids. Or, is your husband paying to support kids that aren't his? There seems to be a lot going on. If you wish to discuss it with me, feel free to give me a call. I do not charge for the initial phone consultation. Bill Stern 248-353-9400