Legal Question in Family Law in Michigan

Left high and dry

My ex-husband has physical custody of our 2 minor childen. We both have legal custody. Neither of us are paying alimony or child support. However, he left Michigan and I have had both children for almost 2 years. I want to go back to court to get child support and physical custody. He got a great paying job in Mississippi and I am still not making very much. Should I file for both physical custody and child support together or one at a time? What is the process for this? And which state determines the amount for child support if the children are awarded the money?

Thank you for your time.


Asked on 4/12/08, 12:58 pm

3 Answers from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Left high and dry

You really need to retain a family law lawyer to sit down and determine how best to proceed. Michigan law/courts would determine and make the decisions since the children are residents of Michigan. You will need to petition the court for a revision in the child support amount (you'll need his income information ahead of time or at least the name and location of his employer), a change in custody, and whatever else it is that you need to change (such as division of uncovered medical bills, request for past due child support based on both of your incomes during the past 2 years, visitation, etc.).

Don't let this go on any further - the legal process itself will take a few months depending on your county and how long it takes to obtain the appropriate financial information for yourself and the father. You need to get this situation resolved quickly.

If you would like to discuss further and set up a meeting, please feel free to email me and we can discuss price, etc.

Thank you.

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Answered on 4/13/08, 12:34 pm
William Stern William Stern, P.C.

Re: Left high and dry

You should get a family law lawyer on this. If you filed originally in another state, you should have the file transferred to the state that the kids live in. However, from what I think you implied, you originally filed in the state where the kids are (Michigan?). File to change custody and support. Sounds like you have great grounds. The procedure is that you file a motion stating your grounds. However, why worry about it. Just get a lawyer and let the lawyer do all the work. Even if you don't have much money, give me a call and I can refer you to a get, inexpensive lawyer if you live in Wayne, Oakland or Macomb County. William Stern

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Answered on 4/12/08, 2:01 pm

Re: Left high and dry

Filing for a change of custody is a complex matter and best left to an experienced family law attorney. Your lawyer will likely file for custody and support at once.

For more information, go to:

www.MidMichiganDivorce.com

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Answered on 4/12/08, 2:35 pm


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