Frequently Asked Questions
It happens every so often that a woman going through a divorce will get pregnant. If you have an opposite-sex marriage, you must wait until after the child is born to finish your divorce. This is particularly important because it raises the following issues:
- Will the court allow the divorce to be completed while the woman is pregnant?
- Is there a legal presumption that the husband is the father?
- What happens if another man, other than the husband is the father?
- Does the wife have to share information about her medical health concerning the pregnancy with her husband?
The problem is that courts cannot order child support payments, child custody, or visitation in anticipation of a child being born. A live baby must be in existence for this to occur.
If the child’s father files in Michigan court for custody, the court will decide custody based on the facts. The law does not mean the Court will automatically give you legal custody. This is true even if the child has been living with you. The Court must give each parent an equal opportunity to prove that he or she is the better parent to have custody.
Moving away after your divorce can be a difficult decision. Starting a new job, being closer to your family, or beginning a life with your new spouse are some of the reasons you may want to move. Relocating your children after a divorce can make the move more complicated. If you and your ex-spouse have a custody arrangement for your children, there may be steps each parent must take before he or she can leave the state of Michigan or country. Even a short vacation to visit relatives in foreign countries could involve special requirements. In fact, the courts can take possession of a child’s passport, preventing international travel if it deems it necessary to protect the child from risk of abduction. Also the court can order the kids return to the state or remain in the state. To be safe, get permission or consult with our divorce lawyer.
If you cannot afford to pay child support because you have lost your job, your options will depend on several factors, including why you lost your job and whether there is already a court order requiring you to pay support. Either parent can request a modification due to changed circumstances. Examples of circumstances which may necessitate a change in the child support order include:
- Changes in income
- Medical expenses
- Additional costs associated with raising the child as he or she grows