Legal Question in Family Law in Michigan

My rights as the custodial parent

To Whom It May Concern:

I have physical and legal custody of our daughter my ex has legal he does not keep in contact with her she was doing poorly in school and after doing all that was possible she ask me if she could be homeschooled she has stared this and taken 2 test and gotten very good grades my ex now wants to take me to court he as i stated has no contact with her also just recently cancelled her on his insurance. please let me know what my rights are she is doing much better since doing the homeschool program.

Sincerely,

--name removed--Everett


Asked on 2/14/02, 4:36 pm

2 Answers from Attorneys

William Stern William Stern, P.C.

Re: My rights as the custodial parent

You need a good lawyer to challenge the joint legal custody. The judge may want to make the decision. You may need a really good educator to evaluate your home schooling program and issue an opinion. Furthermore, it is always good to combine the home schooling with interaction with other children in extra curricular activities. If you want to discuss this with me further, contact me at Bill Stern, 248-353-9400 or [email protected].

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Answered on 2/15/02, 7:47 pm
Geoffrey Lahn Lahn, McDonagh, and Brown, PLLC

Re: My rights as the custodial parent

Your situation is, if I understand it correctly, is that both you and your ex-husband share legal custody, this generally means that both of you have a 'say' in determining what is in the best interest of the minor child - e.g. religious upbringing, schooling, medical treatment, etc. It also means you both have a right to be informed and to make decisions jointly about your child's welfare. In this case it probably wouldn't have been a 'bad thing' to have attempted to discuss it with your husband. If your child's grades have improved and she is doing much better that is great - if your ex-husband (who has no contact with the minor child) decides make an issue of this I suggest you contact an attorney. If you have any further questions do not hesitate to contact me directly.

Kindest Regards,

Geoff Lahn

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Answered on 2/15/02, 10:19 am


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