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How can I keep my parental rights if my minor child wants to attend school down state while living with her older brother.

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Location: Michigan  |  Law type: Child & family lawyers Commented 1x

Hi,

I'm a single parent with a minor child who wants to move in with her older brother and attend school there.  I don't want to give up my parental rights.  Plus, I provide health insurance through my place of employment but the child has to live with me or the court states I must provide health coverage for the minor.  She also has SSI because her father passed away.  How do I handle her income without getting in trouble with the state of Michigan?

Thank you,

Audra


Understanding Your Parental Rights and Responsibilities

Dear Audra,

Your situation is complex and touches on various aspects of family law and social security law. You have several concerns regarding your daughter's education, your parental rights, health insurance coverage, and handling the social security income she receives due to her father's passing.

Relevant Michigan Family Laws

There are several laws in Michigan that pertain to your situation:

  • The Michigan Compiled Laws, Section 722.23, provides definitions for child custody, which may be of interest to you.
  • Michigan Social Welfare Act, Act 280 of 1939, MCL 400.1 to 400.119b, especially section MCL 400.57, outlines how Supplemental Security Income (SSI) should be handled for minors.

We suggest that you familiarize yourself with these statutes and understand how they may apply to your situation.

Possible Solutions and Steps to Consider

To maintain your parental rights while allowing your daughter to live with her older brother, you could explore the possibility of drafting a temporary guardianship agreement. This will allow your adult son to make certain decisions on behalf of your daughter, including those related to her education, while keeping your parental rights intact.

As for the health insurance coverage, if the policy only covers your child while living with you, you might want to communicate with your insurance provider about the possibility of extending the coverage under the present circumstances.

Regarding the SSI, the Social Security Administration usually requires that a responsible adult be appointed as a representative payee to handle the income for a minor child. If you're currently the payee, it might be possible to transfer this role to your adult son if your daughter will be living with him. You'll need to check the specific requirements and processes for this with the Social Security Administration.

This is a complex issue, and it would be beneficial to find the right lawyer specializing in family and social security law in your area to guide you through the process.

Estimation of Legal Service Costs

Here is a rough estimate of costs you might encounter. Please note, these figures are for illustration only, actual costs can vary significantly.

Type of Service Estimated Cost
Initial Consultation $100 - $300
Drafting Temporary Guardianship Agreement $200 - $500
Handling SSI Representative Payee Change $150 - $350
Health Insurance Coverage Consultation $100 - $250
Total $550 - $1400

Request for Additional Information

To provide more accurate guidance, we would need additional details about your situation. Could you please provide more information about your current custody arrangement, any existing co-parenting agreements, the age of your adult son, and any specific conditions mentioned in your health insurance policy regarding the dependent child's living arrangements?

Relevant Questions

  1. What is the current custody arrangement for your daughter?
  2. Does your health insurance policy have specific conditions related to the dependent child's residence?
  3. What is the age and financial condition of your adult son?

Please answer these questions, and you can also ask a free legal question if you have more queries.

Legal Disclaimer

Please note that this advice is general in nature and does not constitute legal advice. It is always recommended that you seek the advice of a professional family lawyers who can provide guidance based on the specific circumstances of your case. There is no attorney-client relationship created by this communication.

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"How can I keep my parental rights if my minor child wants to attend school down state while living with her older brother. "

Child & family lawyers Michigan

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Written by Counselor
Sat, 07/22/2023 - 07:12

Deeper Analysis of the Situation

Dear Audra,

Your situation is nuanced and requires a more in-depth analysis. To ensure that you maintain your parental rights while your daughter lives with her older brother, we must consider not only the legal implications but also the practical aspects related to your daughter's well-being and future.

Evaluating Educational Implications

First, it's crucial to understand the impact of your daughter moving schools. Switching schools can have academic and social implications for a minor. Therefore, careful evaluation of the educational opportunities and support system at the new school is important. This includes the school's academic standards, resources, student-to-teacher ratio, extracurricular activities, and support services.

Legal Aspects of Temporary Guardianship

A temporary guardianship agreement could be an effective way to ensure that your adult son has the legal capacity to make important decisions regarding your daughter's education, healthcare, and other necessary aspects of her life. However, you should be aware that while this arrangement keeps your parental rights intact, it does allow the temporary guardian certain rights and responsibilities.

Health Insurance Coverage

Regarding the health insurance coverage, an alternative solution could be to research if there are any state-run health insurance programs for minors in Michigan that your daughter could qualify for, considering her unique circumstances. This could potentially resolve the issue of insurance coverage, should your current insurer be inflexible about the policy's terms.

Handling the SSI

For the handling of SSI, another alternative would be to establish a dedicated bank account for the child's SSI benefits where you retain control. The funds would be used exclusively for your daughter's needs and could provide a transparent record of transactions that should satisfy state requirements.

Consult the Right Professional

Given the complexities of your situation, it would be prudent to compare lawyers in your area and consult a professional who specializes in family law and social security matters. An experienced attorney will help you navigate through the intricacies of your situation and propose the best course of action tailored to your needs.

Further Queries

To assist you further, it would be beneficial to know more about the duration of the proposed arrangement, your daughter's age, the proximity of your residence to your son's, and if your son is prepared to accept the responsibilities that come with temporary guardianship.

Please feel free to ask a free legal question with these details. Your thorough understanding of the situation is key to finding the best solution.

Legal Disclaimer

Please remember that this advice is intended to be general and informative, but it is not legal advice. Always consult with a professional family lawyer to get advice tailored to your specific circumstances. This communication does not establish an attorney-client relationship.

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