Can we avoid Friend of the Court?
I live in Michigan. My son lived with his father in CA for in the region of 2 years. Now my exes wife says, get rid of the kid or I divorce you. We need to revise parental custody back to me, but would like to avoid the whole court system due to shortage of time and money. Is it legal to just have a dissertation notarized for child support and switching guardianship? I know I will have to trust him to pay...I'm not asking that. I just have need of to know if it is LEGAL to do it this, and would that paper be enough for say, food stamps, MI CHILD and his institution paperwork? Yes, they are both lousy parents and people, best to get my son out of that situation as quick as possible. Moving is not a possibility. When he go to live there, we did go through Friend of the Court. But it also said on the paperwork that we have opt out of future FOC help. At the time, I didn't think we would requirement it. He is currently paying me $120 a week, but I have no clue if it could be more since I do not know his income. I also do not trust him to continue paying if she still ends up divorcing him. They have a 3 yr together, too. I am currently trying to contact free counseling through Macomb county, but they own not called me back as of yet. Everybody have great answers, exactly what I wanted and needed to hear. Maybe I can trust him now, but I'm fairly sure she will still divorce him no issue what, and need to make sure I'm protected. We will be going through FOC.
Best Answer:
The answer depends on if there is a court decree regarding custody or support in place. In the event there is, you will entail to arrange with the court for a hearing to modify the order. If nearby is no disagreement, this can be a pro-forma process with no lawyer, although I would still recommend using one to review the paperwork if nothing else, to get sure there are no omissions that can cause a problem following. If you and your ex cannot agree on new terms, a lawyer will be needed. If here is no court ordered agreement in place, a notarized document should be sufficient, however again I would recommend attorney review just to form sure nothing is left out.
If your ex husband was given custody through the court system, that's what has to change it. Nothing else will do. Besides, you stipulation the court system to determine how much money he has to pay for child support. May I add I deduce he's a total jerk to give up his son.
There's probably some kind of authenticity to it. If the agreement is drawn up by a qualified lawyer, experienced in family matter. BUT, I would be very, very careful. what happen if, 2 years down the road, the ex get's dumped by his new wife, has to pay alimony, etc to her. Now he starts sceaming: Lets stop giving anything to mother and son. They can't do anything. After adjectives, she took the kid away from me without going through the court. She's been in betrayal of our court settlement. What then? See a good lawyer. And take it approved by the court. That's the safe way.
It still needs to jump through the court system, but if its agreed by the both of you, then it shouldn't be a problem at all. If neither of you are fighting it, next you could even do it pro se (represent yourself) and only end up paying the filing fees. Contact an attorney, find a free consultation. Find out if it needs to be file in MI or CA, directory it in the appropriate court, get the legal mess out of the road, and move on. It isn't going to be that bad.
All a notary does is confirm the identity of the person signing the document. It does not pass any other legal weight. In order for it to be prescribed, it must go through the court. If his wife is acting that way, my guess is she is going to have a fit in the order of child support too. It would be much cheaper to get done officially through the court.
I am a Notary Public
You need to recount your husband to divorce the b&8ch and move back to detroit so the kid can be near both parents. Or you move there so you can both be essential by.No jobs in Detroit anyway.Or maybe pick a state you both resembling?
