QUESTION: I live in Florida but I’m originally from Michigan. If I file for divorce in Florida, will I have to seek legal permission from my husband/soon-to-be ex, to move back to Michigan with our 2 children? I have no family here and my only option, should we divorce, would be to move back to Michigan. Would it be easier to move first and then file for divorce in Michigan? ATTORNEY CASTILLO’S ADVICE: Because you and your husband share custody of … Read more →

QUESTION: How can I file for sole custody of my child or terminate the parental rights of his father? ATTORNEY CASTILLO’S ADVICE: It is very difficult to terminate someone’s parental rights or get full custody. When deciding if a person’s parental rights should be terminated, the Court will look at what is in the best interest of the child, the fitness of the parents, whether or not the parents can effectively communicate in the best interest of the child and whether … Read more →

QUESTION: I have a 2-year-old son. His father left me when I was 8 months pregnant. Last I knew, he moved out of state. Can I get full custody over my son if his father is out of state? ATTORNEY CASTILLO’S ADVICE: If your son was born out of wedlock and no adjudication or voluntary acknowledgment of paternity has been made, you have sole legal and physical custody of of your son. You can file a Complaint for Custody/Visitation/Support at any … Read more →

QUESTION: I currently have a court order for child support/visitation for both my children who are 4 and 5. Their dad hasn’t seen them in almost a year. He hasn’t paid child support for 11 months and owes over $4,000. I don’t speak to him at all. His wife is the one who calls and texts me. I feel I shouldn’t have to go through her to reach my husband. She is not their father. Also I just recently found out … Read more →

QUESTION: I’ve been separated from my husband for 8 years. I just found out he has cancer and, according to him, he’s terminally ill and dying. However, he won’t disclose any additional information to me. We have 3 children together (9, 8, and 7). He’s in a union and has a pension. My question is, what rights do my children have if he does pass away? Am I responsible for any debts he has even though we have been separated? It … Read more →

QUESTION: My daughter has her father’s last name but on her birth certificate her father isn’t listed. Her stepfather now wants to adopt her and give her his last name. How would we go about doing that? Her biological father has not been in her life since she was one-month-old. Thanks so much. ATTORNEY CASTILLO’S ADVICE: Changing a child’s last name is a very difficult decision. It means giving up so many of her rights, knowing and unknowing. It is … Read more →

QUESTION: My son’s father (who I’m not with anymore) doesn’t pay child support. He ignores my calls and texts. I haven’t received any money from him in a while. He works for a friend of the family so I don’t know if he’s being paid under the table. He has a new baby on the way and has been spending money on both his girlfriend and new baby. Yet refuses to help out with his first born. I have sole custody … Read more →

QUESTION: I’ve had a court custody agreement with my 3-year old’s father since 2009. We have not gone back to change it since we agreed to make any changes to it by ourselves. Some days he can’t pick my son up or sometimes I ask him to pick him up a little later. There have been times when he doesn’t bother to pick him up at all, and doesn’t inform me in advance. I recently started going to school and my … Read more →

QUESTION: Can I get child support for my 9-year-old son, for all 9 years, and not allow his father to see him? ATTORNEY CASTILLO’S ADVICE: You can request a court order for your father’s son to pay back child support from the time your son was born; however, the court will typically not go back 9 years. If there was a paternity case and he was established as the father of your son, you may be able to get back child … Read more →