Legal Question in Family Law in Michigan
Amending a divorce decree
I'm in Texas, my divorce was in 2001 in Michigan where my Ex&kids are.There are no provisions for visitation/phone contact spelled out. My Ex is hostile and unreasonable. I pay C/S as well as write 2 both kids weekly. My 15yr old and I talk 2x a week,he is in a hospital4mental health reasons.My 8yr old I have no contact w/each other then the letters that I write2her weekly & send gifts.I have asked for a # to call 2X's a week to talk to her.The Ex refuses. Nor will she call me4 our daughter. I have emailed her repeatedly & asked to speak to her.I have her replys that say she wont give me the # & that she allows our 8yr old2''decide'' how much verbal contact she has w/me. The kids have visited 2x's since I have been in Texas,not since 2000.Last June I went 2 Michigan 2 visit,the week b4 I left the Ex filed a motion in court herself with baseless accusations 2 allow only supervised visits.I got the motion 2 days before I left.I didnt get 2 see my daughter at all & my son for only a hour a day 4 the week I was there&that was because he was at a hospital,a Doctor supervised.What would the process be for a amendment for phone contact as well as filing a motion to have the supervised visits retracted? What state do I need a Lawyer in?
3 Answers from Attorneys
Re: Amending a divorce decree
You need a Michigan lawyer because the case is in Michigan. You can always file a motion to amend. Bill Stern 248-353-9400
Re: Amending a divorce decree
Unfortunately, situations like yours happen all too frequently. While I do not have enough facts to give you very many specifics, generally speaking, because the children live in Michigan, the court in the county in which the divorce was filed will probably still have jurisdiction over the case.
Generally, in situations like this a motion is filed requesting a change in visitation and/or custody. Often when one parent lives in a different state than the children, the court can amend the order and allow the children extended visitation, such as summer months, christmas vacation, etc. to stay with the out of state parent. Such a change could also result in a reduction or change in child support.
So you will need a Michigan lawyer.
Note, this response is intended for general informational purposes only and does not, and is not intended to, constitute legal advice or the solicitation or creation of any attorney-client relationship. However, please call me at (586) 992-9981 if you wish to discuss this matter in more detail and learn more about your rights and how to protect them.
Re: Amending a divorce decree
Hello, I have received a copy of your e-mail detailing the probelms you have had with cmmunicating with and seeing your kids. It is unfortunate that your ex is making this so difficult. You need to file a motion in Michigan. It will be investigated by the Friend of the ourt which will make an ultimate Recommendation to the Judge. You will have th eopportunity to present witnesses and challenge the allegations your ex makes. Feel free to contact my ofdfice for further details if you like. Domestic matters is a major area of our practice. John C. Talpos, 525 E. Big Beaver, Troy, MI (248) 743-6800 (http://www.Mich-Lawyer.com)
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