Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

I have joint legal and physical custody of my son. In a hearing

I have joint legal and...
I have joint legal and physical custody of my son. In a hearing last month the judge ordered an issue regarding the child. Through case law, I found the Judge is in error, and is not the same as the finding of Michigan Court of Appeal. More than 21 days have passed. Can I file a motion to reopen and reconsider or would a motion to reopen and rescind be better?
The order says that the child can only play particular sports in Port Huron Michigan. Allowing the mother to have the authority to resolve dispute with joint custody concerning whether or where to enroll the child in sports. I found a case on point that the court erred. It is past 21 day right to an appeal and I would like to show the Judge that he erred by a motion to reopen and reconsider. Is there a time limit on motion to reopen? My understanding is there is a time limit on motion to reconsider. How will this effect this motion. Would a motion to reopen and rescind the order be better? Can you point me in the right direction?
Show More
Show Less
Ask Your Own Family Law Question
Answered in 26 minutes by:
4/11/2013
LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6,536
Experience: Family Law Attorney
Verified
Hello,
Thanks for choosing Justanswer.com! I look forward to helping you today. Did the judge actually sign the order yet, thereby making to final?
Ask Your Own Family Law Question
Hi Leonard,I saw that you viewed my follow up question but haven't heard back from you. I am going to go ahead and answer as if it has been 21 days since the Judge signed and actually entered the final order. Under MCR 2.119(F)(1), "unless another rule provides a different procedure for reconsideration of a decision (see, e.g., MCR 2.604[A], 2.612), a motion for rehearing or reconsideration of the decision on a motion must be served and filed not later than 21 days after entry of an order deciding the motion." At this point, a motion to reopen and reconsider would not be proper as the court would simply treat it like a motion to reconsider and would deny it for being untimely.MI does have an "Objection to Rescind and Modify" but it is for objection to an ex parte motion that has been granted and is not procedurally legitimate with what you are seeking to do here. Simply filing a Motion to Rescind would not be proper and would also be denied. Unfortunately, the time for you to seek a change in the court's order has passed. However, you can seek another modification based on your new argument. Unlike other states, MI does not have time restraints which would keep you from doing so. A change in circumstances would of course have to be asserted in order to bring the motion, but the best you could do here is argue that the change is based on the discovery of the appellate court ruling.If you have any further questions, I am happy to answer them! If not, would you kindly consider a positive rating at this time? It costs you nothing further to do but it is the only way the site will compensate me. Thanks so much!
Ask Your Own Family Law Question
Customer reply replied 4 years ago
The judge has signed the order.
Okay, thanks. Then my previous answer applies. I will repost in case you did not see it:

Under MCR 2.119(F)(1), "unless another rule provides a different procedure for reconsideration of a decision (see, e.g., MCR 2.604[A], 2.612), a motion for rehearing or reconsideration of the decision on a motion must be served and filed not later than 21 days after entry of an order deciding the motion." At this point, a motion to reopen and reconsider would not be proper as the court would simply treat it like a motion to reconsider and would deny it for being untimely.

MI does have an "Objection to Rescind and Modify" but it is for objection to an ex parte motion that has been granted and is not procedurally legitimate with what you are seeking to do here. Simply filing a Motion to Rescind would not be proper and would also be denied.

Unfortunately, the time for you to seek a change in the court's order has passed. However, you can seek another modification based on your new argument. Unlike other states, MI does not have time restraints which would keep you from doing so. A change in circumstances would of course have to be asserted in order to bring the motion, but the best you could do here is argue that the change is based on the discovery of the appellate court ruling.

If you have any further questions, I am happy to answer them! If not, would you kindly consider a positive rating at this time? It costs you nothing further to do but it is the only way the site will compensate me. Thanks so much!

LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6,536
Experience: Family Law Attorney
Verified
LADY LAWYER and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask LADY LAWYER Your Own Question
LADY LAWYER
LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6,536
6,536 Satisfied Customers
Experience: Family Law Attorney

LADY LAWYER 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
How does this work?. I have a question about joint custody.
No, I have a question about joint custody. My son has turned 18 and would like to live with me exclusively. Can he decide where he wants to live before he graduates high school? … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
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
1,939 satisfied customers
My husband shares joint custody with his ex wife of his twin
My husband shares joint custody with his ex wife of his twin boys. Ex wife refuses to put the children on her medical insurance unless they make her insurance primary, but due to the birthday clause m… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
Story I've had full physical custody of my daughter since
Long story I've had full physical custody of my daughter since she was 18 months old. I was recently put on night shift over the last year which put my daughter in the care of a baby sitter all day an… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 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
I have sole physical custody. I have joint legal custody
I have sole physical custody. I have joint legal custody with me having tie breaking decision. I want to get a passport for my child but the other parent does not agree and refuses to sign for it.I ha… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,939 satisfied customers
I have joint custody but full physical custody of my
i have joint custody but full physical custody of my daughter. she is 14 and decided to stay at her gradparents and wont come home now. and the cops are not helping what can i file to get her back and… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,939 satisfied customers
Me and my daughters mother have joint custody i get her 1
me and my daughters mother have joint custody i get her 1 week and she get her 1 week. daughter is 16 year old and she has been staying with me ever since oct 1st. she says that she cant live with her… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,182 satisfied customers
My boyfriend has joint custody of his daughter but her
My boyfriend has joint custody of his daughter but her mother has her most night , we are moving out of county and want the schedule to change one week for each parent, she is still in daycare and we … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,244 satisfied customers
I have joint custody of my 11 year old son with his mother
I have joint custody of my 11 year old son with his mother being the primary while I have him on my weekends if he is with my girlfriend that lives with me and her 3 kids which my son loves to play wi… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have joint custody of my dauther who is 8 and her mother
i have joint custody of my dauther who is 8 and her mother has physical custody her mother wants to move away to another state 220 miles away what are my rights and as it sounds she is willing to leav… read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,457 satisfied customers
Im in California...have sole legal and physical custody of
Hello.....im in California...have sole legal and physical custody of child...father just got out of prison ..did a 5 year term ...immediatly wants ,visitation...what are his rights ..… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
Can a parent who shares joint custody with minor child take
can a parent who shares joint custody with minor child take a child out of state without permission or notification to other parent? … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,244 satisfied customers
If the parties have joint custody one having physical
if the parties have joint custody one having physical custody, but both have 50/50 on visitation , and one is treating to take the other to count to take away only seeing he son every other weekend , … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,244 satisfied customers
I currently have sole legal and physical custody of my 6
Hi, I currently have sole legal and physical custody of my 6 year old daughter and my ex has just filed for joint custody. He w … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
451 satisfied customers
How can the mother change joint custody to full custody? In
How can the mother change joint custody to full custody? In 2014 father and mother were incercarated, she got out in 2015 and the father doesn't get out until 2020. They weren't married but agreed on … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
My mother is filing for physical custody of my son (16 yr
Hello. My mother is filing for physical custody of my son (16 yr old). If granted, am I still legally responsible for anything he does or trouble he gets into while he's under her care or is she? Alth… read more
LegalGems
LegalGems
Juris Doctorate
10,647 satisfied customers
The mother has physical custody of Her 2 children. Father
The mother has physical custody of Her 2 children. Father has visitation rights. The Father hasnt exercised his visitations for 6 years. Now the Mother has terminal cancer. The Father says he doesnt h… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 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