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

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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: 7 months ago.Category: Family Law
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Answered in 3 minutes by:
10/3/2017
Family Lawyer: Jessica B,
 replied 7 months ago
Jessica B
Category: Family Law
Satisfied Customers: 1,104
Experience: Attorney at Donald B. Linsky & Associates, PA
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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!

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Family Lawyer: Jessica B,
 replied 7 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.

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Family Lawyer: Jessica B,
 replied 7 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.

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Customer reply replied 7 months ago
I don’t understand the ex parte part.
Family Lawyer: Jessica B,
 replied 7 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.

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Customer reply replied 7 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 7 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.

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Family Lawyer: Jessica B,
 replied 7 months ago

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

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Family Lawyer: Jessica B,
 replied 7 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!

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Family Lawyer: Jessica B,
 replied 7 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!

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Jessica B
Category: Family Law
Satisfied Customers: 1,104
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