Questions and Answers with Attorney Cronkright

Judges Order on Parenting Plan

Question: I was given authority to drug test my ex for 6 months after our trial ended for the custody of our child. But it doesn't state anything about what happens if he tested positive. Can I refuse him to take our child? I certainly don't want to hand over a child to anyone I know is using substances.

Answer: I agree with your sentiment but would not offer you any specific advice without reviewing the matter. You are probably best discussing this with the attorney who is on your case. If the order does not say what you can do based on a positive test, you should probably try to amend the order.

Moving Without Consent

Question: Can my wife legally take my daughter to move out of the state of Michigan without my consent? I'm still married and don't have court orders.

Answer: The short answer is "yes." If you need to stop that from happening, I recommend you contact an attorney.

Bedrooms and Children's Best Interests

Question: What is the law about a child having a bedroom? My 14 year old step son is saying he wants to stay at his mom's house and only come here every other weekend. If he is here for four nights a month does he have to have a bedroom of his own or can he sleep on a bed in the living room so my youngest son can have the room?

Answer: I am not aware of any law in Michigan which regulates this. Your obligation to your child is to act in a manner that is consistent with your child's best interests, keeping him in a safe and healthy environment. When you as a parent make decisions regarding the health and safety of a child, you always run the risk of CPS, law enforcement, another parent or a judge in a custody case disagreeing with your decisions. Therefore, you want to make the best decisions you can. If you have a family law attorney, you should ask this question of your attorney. If your situation with your step-son's dad is contentious, you may want to get an attorney involved to help you with that decision.

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