Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

My husbands ex wife has kicked their son out of her house 4…

Customer Question
Hi. My husbands ex...

Hi. My husbands ex wife has kicked their son out of her house 4 months ago. She literally packed all his belongings and disassembled his bed and removed from her house. She has also changed her locks. She had not made any contact with him since. He has been living with us full time ever since. He just turned 17 and there is no reasonable belief that he will return to her custody. Their divorce awarded her primary custody of 66% custody of all 4 kids. She still maintains visitation of the other children, just not my stepson. Can we file for child abandonment and terminate her rights?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Michigan

Lawyer's Assistant: Have you talked to a lawyer yet?

We have an appointment for Friday for going for full custody of our stepson and majority of our other 3 because of her eractic and unstable behavior. This is not the first time she has kicked on of her children out. She has done it for 1-2 months at a time before. This time is obviously permanent.

Submitted: 10 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 3 minutes by:
10/3/2017
Family Lawyer: Jessica B,
 replied 10 months ago
Jessica B
Category: Family Law
Satisfied Customers: 1,828
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed attorney. I hope I may be of assistance with your issue. Please remember to rate my answer at the end of this session. Thank you!

Ask Your Own Family Law Question
Family Lawyer: Jessica B,
 replied 10 months ago

If you want to change your custody order, first see whether your child's other parent will agree to the change. Even if you both agree to change custody or parenting time, the current order is in effect until the judge signs a new order.

If the other parent does not agree, file a motion to change custody in your family law case. You are called the moving party if you file a motion, and the other parent is the respondent. If you want to change an ex parte order, use the form called Objection to Ex Parte Order and Motion to Rescind or Modify. You must file this form within 14 days after you were served with the ex parte order. To change any other custody order, you can use the Motion Regarding Custodyon the Michigan One Court of Justice Website.

The court will charge a fee to file your motion. If you get public assistance or cannot afford to pay the fee, you can ask the court to waive your fee.

Ask Your Own Family Law Question
Family Lawyer: Jessica B,
 replied 10 months ago

When you file your motion, ask the clerk for a hearing date. Write the hearing information in the notice of hearing section in your motion. Then serve the motion on the other parent. You must mail the motion to the other parent at least nine days before the hearing, or give them the motion in person at least seven days before the hearing.

Ask Your Own Family Law Question
Customer reply replied 10 months ago
I don’t understand the ex parte part.
Family Lawyer: Jessica B,
 replied 10 months ago

Ex parte orders are temporary orders. Do you know if your husband currently has a final judgment or a temporary order? This matters because of which form that would be filed with the court.

Ask Your Own Family Law Question
Customer reply replied 10 months ago
Last order was their divorce order from 5 years ago. For the last 4 months, my husband has been paying his ex wife child support to have 66% custody of their 17 year old, when he has actually lived here full time.
Family Lawyer: Jessica B,
 replied 10 months ago

Ok then you will need to file a Motion Regarding Custody. As part of the motion, your attorney will also ask the court to modify child support if your husband is successful in changing the custody order. Basically the less time she has, the lower the child support.

Ask Your Own Family Law Question
Family Lawyer: Jessica B,
 replied 10 months ago

Please let me know if you have an additional question and please remember to rate my answer. Thank you!

Ask Your Own Family Law Question
Family Lawyer: Jessica B,
 replied 10 months ago

If you do not have an additional question, please rate my answer so that this question may be marked as closed. Thank you!

Ask Your Own Family Law Question
Family Lawyer: Jessica B,
 replied 10 months ago

It has been about a week and I have not heard from you. Has this information been helpful? If you do not have an additional question please rate my answer. Thank you!

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Jessica B Your Own Question
Jessica B
Jessica B
Jessica B
Category: Family Law
Satisfied Customers: 1,828
1,828 Satisfied Customers
Experience: Attorney at Donald B. Linsky & Associates, PA

Jessica B 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

11,971 satisfied customers

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

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 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.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
Sue! It's been a few days and of course a few more questions
For Sue Only: Hi Sue! It's been a few days and of course a few more questions have arisen as expected. As a reminder this is the Mom and daughter duo from N. Dakota regarding divorce. You have answere… read more
Sue
Sue
Juris Doctorate
624 satisfied customers
My daugher in law locks her 4 year old daughter in her room
My daugher in law locks her 4 year old daughter in her room every night for bed and lets her scream and throw her self against the walls until she passes out. … read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,358 satisfied customers
I have a question about my stepson, he currently lives in
I have a question about my stepson, he currently lives in Florida with his mother. My husband & ex-wife have been divorced for about 8 years now. My husband lives in Kentucky and the agreement that th… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,607 satisfied customers
I had divorce finalized in 12/2014, joint custody of 4
Dear Sir I had divorce finalized in 12/2014, joint custody of 4 children in Texas. We had court hearing in June 2015 for modification, and the judge did not see any need for any change which is good a… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,555 satisfied customers
My wife voluntarily left our house and is getting an apartment.
My wife voluntarily left our house and is getting an apartment. I begged her to stay and said we can work it out. Can I get full custody of my kids in Delaware?… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
I am finalizing a divorce in Michigan. We settled on
I am finalizing a divorce in Michigan. We settled on everything except parenting time (I was awarded joint legal and physical custody with neither being the primary). The court assigned a Guardian to … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,474 satisfied customers
Hello, my wife cheated on me which i can prove. She is an
Hello, my wife cheated on me which i can prove. She is an abuser, verbally, physically, etc, toward me and her children. She has then initiated several instances where she has set me up to be the agre… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
Thank you for taking my question. This is pertaining to MARYLAND
Thank you for taking my question. This is pertaining to MARYLAND Divorce and Family Law. The man has recordings of his wife's affair, so he confronts her. She lashes out and assaults him in front of t… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
My Girlfriend wants to take custody of two of here four younger
My Girlfriend wants to take custody of two of here four younger siblings (females). The reason for this is her parents are either never there or endangering the children's safety. I am one to agree wi… read more
LegalGems
LegalGems
Juris Doctorate
12,775 satisfied customers
State: Iowa Mother and father not married. Temp custody order
State: Iowa Mother and father not married. Temp custody order gave mother primary physical care with father visitation every Wed and every other weekend. Father has 4 OWI's (hes' 31), assault with int… read more
marriagedivorce-law
marriagedivorce-law
Attorney/Partner
Doctoral Degree
314 satisfied customers
WMy fiance and I have been together for 7 years. He has an
WMy fiance and I have been together for 7 years. He has an 8 year old son from a previous relationship. The bio mother lost placement due to being unstable and my fiance recieved placement 4 years ago… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
My son signed his babygirls birthcertificat. Now he would
My son signed his babygirls birthcertificat. Now he would like to get custody of her. He has her about three weeks out of the month. He wants to go to Protective Services but he is afraid that since t… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
My ex wife has a history of seizures, bipolor, a recovering
My ex wife has a history of seizures, bipolor, a recovering alcoholic, no means of transpotation, no job, and she had an affair that was not forgiven. I was at work when it happened and left as soon a… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
My ex husband and i have 2 children ages 7 and 16. He some
My ex husband and i have 2 children ages 7 and 16. He some how was able to get full physical custody and we share legal custody. He is on SS permanent disability for vison problems for past 20 years w… read more
Ray
Ray
Lawyer
Doctoral Degree
33,770 satisfied customers
I have been married for 11 yrs and my husband is very emotionally
I have been married for 11 yrs and my husband is very emotionally abusive so I need to know what needs to be done in order for me to legally separate and possibly divorce him the only problem is that … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have been taking my stepson to the dr (Eye, dentist, pediatrician)
I have been taking my stepson to the dr (Eye, dentist, pediatrician) for the past 4 years(Since I have married my husband) My husband has full custody of his son, and in their divorce decree it states… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
3,019 satisfied customers
i have been divorced for 4.5 years. My ex husband was mentally/emotional
i have been divorced for 4.5 years. My ex husband was mentally/emotional abusive. We have 2 boys (4 and 8). we have joint legal custody and i am the primary custodial parent. He is somewhat a good fat… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,624 satisfied customers
MY 15 YEAR OLD STEPSON WAS KICKED OUT OF HIS HOUSE HOLD BY
MY 15 YEAR OLD STEPSON WAS KICKED OUT OF HIS HOUSE HOLD BY HIS DAD. HIS DAD WONT GIVE MY WIFE,THE MOTHER OF THE CHILD CUSTODY.SHE PAYS CHILD SUPPORT TO HIM BUT HE HAS NOT LET HIS SON COME HOME FOR WEE… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 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