Legal Question in Family Law in Michigan

Re: help my son

In Michigan you can petition to change custody or parenting time or ask the court to decide where the child will attend school. This requires filing a motion and scheduling a hearing. If you want to expedite the motion using an attorney is your best option.

Re: help my son

While you stated that your wife has physical custody of your children, does she also have sole legal custody or do the two of you have joint legal custody.

You may consider a motion to go back to court to petition for custody (physical, legal or both), if you are not happy with the manner in which your ex-wife is handling your children. However, you should be aware that the standard for any change in custody is very high.

If you wish to discuss your options with an attorney, we would be happy to assist you. Good luck.

Re: help my son

It appears that she is making important decisions affecting your children without consulting and discussing the issues with you. If you share legal custody of the children with her, she would have to consult with you before she made those important decisions. If you have joint legal custody and she makes those important decisions without you, she could be in violation of the court order for joint legal custody which would subject her to contempt of court for violating that order.

What is also concerning is that your child is not doing well in school. This may be a basis for changing parenting time or even changing custody. The standards for changing physical custody are tough, but I have seen it done by the courts when the child's education has been jeopardized while in the custodial parent's care.

If you do not have joint legal custody, you would want to file a petition for it so that you are included in the important decisions affecting your children.

As far as school districts are concerned, typically, if she has physical custody, the courts would approve the children attending the school district where she lives. However, there may be factors that the court would consider to allow the children to attend the school district where you live. Let me know if I can help you further.