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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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Can a step parent speak with the friend of the court ...

Customer Question

Can a step parent speak with the friend of the court offices, if i ave asked them not to?
Submitted: 9 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 9 years ago.
In general a stepparent is not considered a party to the custody or child support case. The friends of court should not be speaking with the stepparent if you have not authorized it. Only those who are parties to the case have rights to speak with the friends of court.


If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.

Customer: replied 9 years ago.
Reply to LawNinvest's Post: is there a law for this?
Expert:  Attorney & Mediator replied 9 years ago.
Thank you for your patiences while I was researching the Michigan statute. There is no specific statute addressing this specific question there is a statute which says that only the custodial parent, the guardian or someone who adopted the child can proceed in issues for child support. A stepparent parent has no superior rights as these a parent, guardian or adoptive parent, so is not considered a party to ask questions of the friends of court, unless the court has given the stepparent such a right.

THE FAMILY SUPPORT ACT (EXCERPT)
Act 138 of 1966

552.451a Proceedings for support of children; support order; burden of proof; applicability of section.

 

Sec. 1a.

A custodial parent or guardian of a minor child or children or a child or children who have reached 18 years of age may proceed in the same manner, and under the same circumstances as provided in section 1, against the noncustodial parent for the support of the child or children. The order of support shall provide only for the support of the child or children, and the burden of proof shall be the same as provided in section 2. This section applies only to legitimate, legitimated, and lawfully adopted minor children and, subject to section 5b of the support and parenting time enforcement act, 1982 PA 295, MCL 552.605b, children after they reach 18 years of age.


 

 

If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.

Customer: replied 9 years ago.
This is includes custody and just general information, or just support? I do not want her to be calling the Friend of the court at all!!
Expert:  Attorney & Mediator replied 9 years ago.
Both, custody and support.

Again, if the stepparent has never been given a court order to be a party to your child custody or child support, then said stepparent has no rights to be speaking with the friends of court.

Again, only a parent, guardian or someone who adopted the child is a party. If you have not authorized him to make the call, then the friends of court should not be speaking to them at all. Check your court orders if this person has not been given any rights, then said person should not be given rights to speak.

Now, if the other parent gave authorization, that is another story. If the friends of court will not comply with your request, then you will need to file a motion with the court to restrict contact with regards XXXXX XXXXX custody and/or child support issues. You can request that this person not get involved at all.

If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.