Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

In desperate need of advice!!! My ex and I have joint custody.

He is/was custodial parent until...
In desperate need of advice!!! My ex and I have joint custody. He is/was custodial parent until Dec 2011. Our 14 year old son begged him to let him stay with me. His father said yes. He switched his insurance (miltary), had his school records transferred. Father lives in Kansas, I live in Michigan. I was paying child support, which I had abated after showing proof my son was attending school here. Now, his father has changed his mind, and wants him back. Our son does not want to live there. His dad has only made contact with him 8-10 times in a year, and done nothing to support him. Our son has been through so much, he has made friends here, his grades have improved. I am currently unemployed, not by choice. What can I do? He already tried to take him, about 3 weeks ago, and the police officers here refused to allow him.
Show More
Show Less
Ask Your Own Family Law Question
Answered in 2 minutes by:
12/1/2012
Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27,690
Experience: 25 years experience as practicing attorney
Verified

-Could you explain your situation a little more?
Is the custody case in the MI or KS courts?

Are you the legal residential parent by court order?

Is the father paying any support through a court order?

Does he have specific visitation times by a court order?

Ask Your Own Family Law Question
Customer reply replied 5 years ago

The custody case is in KS court


 


I am NOT the legal residential parent by court order


(his father agreed to let him stay, and did NOT argue ANYTHING in court)


No, father not paying any support


No specific visitation times, due to fact we never changed it over in the court

DearCustomer This is going to be a problem since private agreements are not enforceable in court and if the court never approved a suspension of the child support then that is adding up as well. Unless you get a court order to change the custody the father has a right to demand that your son return to KS. Since the child is physically in MI you may be able to have the case moved to MI and contest the issue there. Although the court always has the final say as to child custody, when kids get into their teens the courts will generally listen to their wishes as to which parent the child wants to live with so if your son is willing to testify in court there is a good chance that the court will approve the custody change. If you can't get the case moved to MI then you ill have to litigate this in KS. I understand you do not have money for an attorney and that of course is another problem and I have no solution to that unless you can find a low cost or pro bono attorney. The best place to seek assistance is the Bar Association where there are programs to assist low income families with legal issues. I can't guarantee that you will find someone but that's a good place to start. Essentially what you need is a court order to change custody. I have included the websites for both the MI and KS Bar Associations for your convenience.

http://www.michbar.org/programs/lawyerreferral.cfm

http://www.ksbar.org/displaycommon.cfm?an=1&subarticlenbr=8

Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27,690
Experience: 25 years experience as practicing attorney
Verified
Dave Kennett and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 5 years ago

Kansas did agree to an abatement in child support, so that is not adding up for me.


I started the paperwork here in Michigan, according to the interstate "worker", Kansas is willing to work together with Michigan to change the custody.


Now, when the father came here on Nov 12, he brought law enforcement, and they would not agree to let him take our son. Due to the fact he did not have an "emergency" pick up order. My son was here, and refused to see/talk to his father in front of the police dept. When I spoke to a Kansas attorney, he did tell me that a judge will not just issue a pick up order without hearing both sides. It has been a year, The father willingly changed insurance, never filed a "failure to return" or "denial of parenting time", and didn't argue at the hearing to stop the child support payments.


If I am able to hire a lawyer, do I have a good case? My son is more than willing to testify.


In the meantime, am I able to write the judge a letter, explaining things?? My son says he is willing to write the judge also.

DO NOT write anything to the judge. The judge will not read it and it is not proper when there is a contested case for anyone to write or call the judge directly without the opposing party or counsel involved. I think you have a great case to get custody switched. At 15 most courts will listen to the child and assuming there's not some really unusual reason why the child should not live with you the court will grant the change in custody. The basis is the "best interests of the child" and if the child wants to live with you the court would have no reason to disagree. The "unusual" circumstance I mentioned would be something like if you were living with a convicted felon or child abuser then the court would not agree with the child.
Ask Your Own Family Law Question
Ask Dave Kennett Your Own Question
Dave Kennett
Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27,690
27,690 Satisfied Customers
Experience: 25 years experience as practicing attorney

Dave Kennett is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
NY.....joint custody but physical custody with mom....dad in
Hello, NY.....joint custody but physical custody with mom....dad in VA. Mom decides to homeschool without telling dad, which he is failing. Dad called the school 3 months ago as the mom stated a psych… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,946 satisfied customers
How can ex wife who is custodial parent through joint
How can ex wife who is custodial parent through joint custody file for taxes on our son when she doesn't work, no disability checks and remarried? … read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
905 satisfied customers
Child custody and child support. Nj. No I go into full
Child custody and child support JA: Because family law varies from place to place, can you tell me what state this is in? Customer: Nj JA: Has anything been filed or reported? Customer: Yes JA: Anythi… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,875 satisfied customers
I am about to file for child custody and child support I am
I am about to file for child custody and child support I am an unwed father in the state of California . My sons mother has made things quite difficult by not letting me see my son and Insists on rece… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,244 satisfied customers
The non custodial parents child support order isi in South
The non custodial parents child support order isi in South Dakota, he owes approx 25k in back support. He fled to Indiana and I was able to tell the process server his location. He has not paid a penn… read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
I was not properly served by the custodial parent. Instead,
I was not properly served by the custodial parent. Instead, she falsely told the County clerk's Of Alameda that I was served. What should I do? … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,865 satisfied customers
If a custodial parent with joint custody moves and leaves
If a custodial parent with joint custody moves and leaves the child with her parents (the child sees this parent once...maybe twice in a 2 week period), can that be considered abandonment? This has be… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,255 satisfied customers
If a custodial parent (who receives child support) in Orange
If a custodial parent (who receives child support) in Orange County Florida decides to relocate with a minor child out of state is that parent(1) required to notify the court, (2) required to gain the… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
It about Child Support vs visitation Court order when he
It about Child Support vs visitation Court order when he don't pay all the time .. … read more
Sue
Sue
Juris Doctorate
238 satisfied customers
I'm in a child custody and visitation situation with a
I'm in a child custody and visitation situation with a female. There was no relationship. The child is 1yrs old. I didn't know the child's name until the summons. I don't want any envolvement! I'm an … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I already have a judgement for child support and visitation
I already have a judgement for child support and visitation and custody of my child, but they didn't do my divorce in the child support. Can I file for a divorce without bringing previous orders invol… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
This is about a child support modification that was
This is about a child support modification that was initiated by another party. The other party asked to transfer the case to a different county in Texas, I e-filed what I titled Custodial Parent's re… read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
I have a joint custody visitation agreement that took effect
I have a joint custody visitation agreement that took effect on 11/01/2017. I am the custodial parent and the other parent gave the court an address that is in Sacramento ,CA. He was suppose to move b… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,244 satisfied customers
In a child custody visitation schedule, can a judge from
In a child custody visitation schedule, can a judge from Florida override a judge's decision in New Jersey when it clearly states in New Jersey that he is to have no unsupervised visitation. He lives … read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
I am trying to figure out child custody for child support,
I am trying to figure out child custody for child support … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,182 satisfied customers
HOW DOES VISITATION WORK IF THE NON-CUSTODIAL PARENT DIDN'T
HOW DOES VISITATION WORK IF THE NON-CUSTODIAL PARENT DIDN'T SPECIFY WHEN HE WANTED TO SEE MY DAUGHTER DURING OUR MEDIATION A FEW YEARS AGO. HE HASN'T SEEN OR TRIED TRY SEE OUR DAUGHTER SINCE SHE WAS 1… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
I recently filed for child support. The non-custodial parent
Hi! I recently filed for child support. The non-custodial parent is out of state. Would the child support laws be for my state or his? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
A non-custodial parent is required to pay child support, but
A non-custodial parent is required to pay child support, but finds the under aged children left the custial father on their own free will and is no longer under the custodial care. can the non custodi… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x