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Lawboop
Lawboop, Lawyer
Category: Family Law
Satisfied Customers: 364
Experience:  Over ten years as an attorney counseling people and businesses.
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My ex has not seen his children in 2 1/2 years and has not

Resolved Question:

My ex has not seen his children in 2 1/2 years and has not paid child support either. He was recently arrested on a felony warrent for failure to pay child support. He and his lawyer have filed motions for child support modification and a motion to enforce parenting time. Is there any law for abandonment in regards XXXXX XXXXX matter? I have more than enough proof that I never stopped him from seeing the kids and the State of Michigan has been looking for him for 2 years. Thank you!! I do not want the children to be with him.
Submitted: 8 years ago.
Category: Family Law
Expert:  Lawboop replied 8 years ago.
strongmama:

Unless you have proof of his being an unfit father (meaning actual arrest records in hand of him abusing his children - not hearsay), you do not get to decide if he sees his children. If you have such serious abuse concerns, you need competent legal counsel now and I urge you to consult a legal aid program or the lawyer referral service in Michigan.

Otherwise, regardless of how long he has been gone, he has an absolute right to see his children. Support has absolutely nothing to do with visitation. Say he gets behind, he is still legally allowed to see his children. "Abandonment" is not a factor here. These are facts a court may consider but willl not stop him from having a legal right to visit and raise his children according to court order.

Your options are to oppose both motions with properly supported legal arguments. To do so you will need legal counsel. If he is ultimately awarded parenting time and you interfere or do not allow you will be in contempt and arrested.
Customer: replied 8 years ago.
Our 12 year old daughter does not want to see him and our 6 year old son could never pick his father out of a crowd. Their father has never provided for them and naver paid his cout ordered support or even his court ordered medical insurance. Will the 12 year old have a say? Thank you.
Expert:  Lawboop replied 8 years ago.
strongmama:

No, a twelve-year old will not have a say. Generally, whether or not children know their parent or "do not want to go with dad" is not regarded. In fact, if you encourage that feeling and statements from your kids, it is called disparagement and you will get in trouble. Let me tell you if you do not oppose the motions with your own well plead legal arguments in writing, the motions will be granted and you will not get to oppose later. Once a visitation order is in place you will have to cooperate or go to jail. Cooperate means forcing your moinor children to go when they have to go. They are minors and don't get to decide which parent they "like more."

I am giving you harsh and honest truth.

You must oppose the motions with legally sound arguments in writing if you oppose them. Please follow up with the links I provided and retain counsel as soon as you can.
Customer: replied 8 years ago.
I have given the Friend of the Court all documents required for their review for modification. However, I have never stopped their father from seeing his children he, the "father" just decided not to be a parent for a few years. I would never be little the childrens father to them but how is this fair? I dont even know what type of life style he lives. I hasve not seen this guy in years. Supervised visitation?
Expert:  Lawboop replied 8 years ago.
strongmama:

Yes, you can seek supervised visitation and you can seek information about where he lives and he will have to abide by the "best interests of the child" standard. You may not get supervised visitation. I don't know if it is fair. I see both sides. His side is "how can it be fair that I lose my kids forever because of my mistake?" The court will have seen this issue a million times and if it is just a game on his part to lessen the penalty or to lower support, the court will see right through it. Rely on the process and present yourself as a confident parent ready to help him succeed, but pretty confident he'll fail. This will get you farther than, "it's not fair."
Customer: replied 8 years ago.
Thank you! This is all about the money for him. He will never change. He told me years ago I need to learn to play the game. I'm sorry, my children are not pawns to be played!!! I hope he goes to jail on his felony. It has never been about the money for me just the justice!! thank you again.. Connie
Expert:  Lawboop replied 8 years ago.
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Good luck.
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