[MI] Hello, I’m trying to get full custody but still get child support of $1,000 a month. Is this possible?
Hello, I’m trying to get full custody but still get child support of $1,000 a month. Is this possible?
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Yes, you can seek full custody while still receiving child support. Since you already have primary physical custody and are handling all responsibilities without the other parent’s involvement, you have strong grounds to petition for sole legal and physical custody.
Given that your child has special needs and the father has failed to exercise his parenting time, attend medical appointments, or participate in meetings, you can argue that sole custody is in the child’s best interest.
Steps to Take:
1. File a Motion for Custody Modification
- Since your ex is not exercising parenting time or participating in co-parenting responsibilities, you can request a change to sole legal and physical custody.
2. Document His Absence
- Keep records of missed visitations, doctor’s appointments, school meetings, and any other responsibilities he’s neglected.
3. Emphasize the Special Needs Factor
- Courts consider a child’s unique needs when determining custody. If you’re the only one managing her care, schooling, and therapy, it strengthens your case.
4. Child Support Calculation
- Even with full custody, support is still calculated using both parents’ incomes under the Michigan Child Support Formula.
- If your ex has been paying $1,000/month, that amount could remain the same or even increase, depending on income and custody changes.
5. Prepare for Court
- Be ready to present evidence of his lack of involvement, including texts, emails, missed visits, and school or medical records showing you are the sole caregiver.
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Hello, I’m trying to get full custody but still get child support of $1,000 a month. Is this possible?
Lexi, Chatbot
I understand you’re looking to get full custody. Have you already filed for custody with the court?
No. As of now, we have joint custody. The arrangement was that I have her Monday through Friday, and he has her every weekend. But he hasn’t gotten her at all these past five weeks.
Also, everything is supposed to be split — like taking her to school and doctors’ appointments — but everything has been on me. Plus, she has special needs and we have to show up every Friday for parent meetings, and he never comes.
Lexi, Chatbot
Are there any specific reasons or circumstances that you believe support your request for full custody?
He doesn’t help out with her at all and hasn’t seen her in five weeks.
Lexi, Chatbot
Is there anything else the Family Lawyer should know before I connect you? Rest assured they’ll be able to help with custody.
When I need him to take her to the doctor, he is never available.
Lexi, Chatbot
What state are you in?
Michigan.
Andres Sanchez
Hi there! I’m Andres, a Family Law expert, and I understand your concerns about custody and support. Let’s work together to find the best solution for you and your child’s needs.
Andres Sanchez
Yes, you can seek full custody while still receiving child support. Since you already have primary physical custody and are handling all responsibilities without the other parent’s involvement, you have strong grounds to petition for sole legal and physical custody.
Given that your child has special needs and the father has failed to exercise his parenting time, attend medical appointments, or participate in meetings, you can argue that sole custody is in the child’s best interest.
Steps to Take:
1. File a Motion for Custody Modification
- Since your ex is not exercising parenting time or participating in co-parenting responsibilities, you can request a change to sole legal and physical custody.
2. Document His Absence
- Keep records of missed visitations, doctor’s appointments, school meetings, and any other responsibilities he’s neglected.
3. Emphasize the Special Needs Factor
- Courts consider a child’s unique needs when determining custody. If you’re the only one managing her care, schooling, and therapy, it strengthens your case.
4. Child Support Calculation
- Even with full custody, support is still calculated using both parents’ incomes under the Michigan Child Support Formula.
- If your ex has been paying $1,000/month, that amount could remain the same or even increase, depending on income and custody changes.
5. Prepare for Court
- Be ready to present evidence of his lack of involvement, including texts, emails, missed visits, and school or medical records showing you are the sole caregiver.
Okay, thank you.
Andres Sanchez
You’re welcome. I hope everything works out for you.
Andres Sanchez
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