• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Child custody change

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

anjel

Member
What is the name of your state? Michigan

Court order states that my husband has joint physical, joint legal custody of his son. The order states that during the school year he has him Thursday 6pm - Sunday 6pm every week. Holidays are split. Vacations are split. My husband was still paying child support of $25 a week and 66% of noncovered medical expenses from the insurance he provides.

Just before this school year started, the biological mom told my husband that she was moving out of the school district. (we do not live in his school district but we transported him there anyway... it's not far). She apparently hasn't been paying on her house once she realized her boyfriend was building a huge expensive house. She told my husband that she had to be out of her current house by November and she didn't have the time to get their son to school and back or to even help him with homework. She and my husband signed an agreement that he would have visitation every week from Sunday 6pm - Friday 6pm. Vacations would still be split and so would holidays. Also, child support would be suspended.

My husband contacted Friend of the Court with this document. They told him that he can't do it. He would have to take the whole thing to court which will cost money. My husband and his ex both find it ridiculous that they have to pay money to take it to court when they are both in agreement. At this time, biomom is giving my husband a check every week for the $25 that she is receiving.

She moved out of the school district last week and my husband was granted permission through the school district to keep him in. So all of the records have been changed to my husbands name.

What should my husband do in this situation? He has contacted FOC several times since August and they just give him the run around. They never even sent him the papers that he would need to file.... (which I think would cost $180 to do). They just told him that he can't do it. Then they told him that they are re-categorizing all the files and assigning new caseworkers so that everything is on hold.

Do you have any suggestions of further action? My husband is afraid that he is doing something wrong with the court system, but on the other hand she just handed custody over to him so he felt he had no other choice.
 


Zephyr

Senior Member
What should my husband do in this situation?

go into the courthouse and request the froms for filing for a stipulated modification pro se


He has contacted FOC several times since August and they just give him the run around. They never even sent him the papers that he would need to file.... (which I think would cost $180 to do).

Did he specifically ask them to send the papers? And most things do not cost that much to file


They just told him that he can't do it. Then they told him that they are re-categorizing all the files and assigning new caseworkers so that everything is on hold.


court is not on hold

Do you have any suggestions of further action?

do as suggested above

My husband is afraid that he is doing something wrong with the court system, but on the other hand she just handed custody over to him so he felt he had no other choice.
Reply With Quote


he needs to get this done- otherwise come November mom will waltz in, take kiddo back, change schools, where the child primariliy resides and where will that leave dad's time with kiddo?
 

anjel

Member
You're right .. he does need it to be done quickly. The agreement they signed is for the entire school year but I don't want him to wait till the end.

FOC changed the rules about filing through the court. I guess it is because they were getting so many requests for modifications??? I know that it's initially $80 and then there are more fees on top of it. I don't know them all off the top of my head but I will look it up and post it. I personally think it's a bit crazy. Bio mom said that they also told her it would cost that much.

Should he go directly to FOC or to the courthouse to get the papers? He specifically asked FOC to send them and they never arrived.

And you're right.... court is not on hold...

Thank you.
 

anjel

Member
I forgot to add that it is also stated in the order that the child cannot be taken out of his current school district without the consent of both parents.
 

anjel

Member
I was wrong... it's not $180. It is $100.

There is a $80 fee for entry of an order, and a $20 fee for a motion fee. So he just needs to fill all these forms out and pay the $100.

Thank you.
 

anjel

Member
One more quick question regarding this ... since both parents already agree to this, is it possible that once he submits the proper paperwork with the signed mutual agreement they will just make it an order instead of them both having to go to court?
 

Zephyr

Senior Member
they will both likely still have to appear- just to tell the judge they agree, but not for a long drawn out ordeal that happens with contested issues
 

anjel

Member
OK, I'm reading through this paperwork and I'm wondering ...
since my husband is going to petition for a change, does it matter that the signed agreement is only for this school year? If the judge agrees to change it will it also be just for this school year? Or since she pretty much gave up her rights and lost her house to foreclosure is that enough to constitute a permanent change? Because that sounds like it could get messy. But I think it would be a great benefit to my stepson since his grades and attitude have already dramatically improved this school year, according to his teachers.

I'm afraid that if it gets too crazy in court then biomom will get upset and pull back on her agreement.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top