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Michigan Family Law Questions & Answers
0 Answers | Asked in Estate Planning and Family Law for Michigan on
Q: Will I need a Tax ID Number for an irrevocable trust that does not generate income?

If my irrevocable trust only has tangible items in it that does not and will not ever generate income, will I need to get a Tax Identification Number for the trust? I live in Michigan. Thanks

1 Answer | Asked in Family Law for Michigan on
Q: A girl 10 discloses to mother sexual touching by father no criminal charges is this a confirmed case of sex abuse

Defense counsel says this case can’t go forward bec not a confirmed case of sexual abuse bec no physical evidence and no criminal case please help

Brent T. Geers
Brent T. Geers
answered on Apr 29, 2024

By "confirmed case" do you mean for the family court to take action on the allegation? Different standards apply between family and criminal court as to what is actionable and even what is considered a "confirmed case". If there are not already criminal charges filed, I can only... View More

0 Answers | Asked in Family Law, Civil Rights and Nursing Home Abuse for Michigan on
Q: incapacitated ward file when petitioner violated HIPAA,no consent,stole med.test,no cour order,& fraud med.ord.4 E.T.G

No harm, danger,S.W. fabricated story,, seized,forced imprisonment,120 days ,in contempt , force N.H.Never wanted services.

1 Answer | Asked in Family Law for Michigan on
Q: My daughters fathers was taking me to court for joint custody. Before our court date a so called family friend

Petition the court to intervene. The judge denied that motion. We had another court date set but a day before that court date we received notice for a guardianship court date in probate court witch was one day before or custody court date. The judge granted guardianship of our daughter to them.how... View More

Brent T. Geers
Brent T. Geers
answered on Apr 30, 2024

You need an attorney immediately. Your concern right now should be less about procedure (e.g. how the court did this) and more about the facts (e.g. why the court did this).

0 Answers | Asked in Education Law and Family Law for Michigan on
Q: Can my ex husbands attorney call the school my children attend?

He had them Wednesday after school, supposed to pick them up once they got out on wednesday. Pulled my daughter out early. Caught it before he pulled my son out. Then their dad didn't think he had to report their absence on Thursday since he had his attorney call the school. Is this above his... View More

0 Answers | Asked in Family Law for Michigan on
Q: Petitioner filed fraudulent medical orders to take temporary guardianship,1st hearing,there not even the wards med.order

What can I file? False claim of neg , literally says missed a phone call

0 Answers | Asked in Child Custody and Family Law for Michigan on
Q: How is a person allowed to file for custody? When there is a guardianship case going

I had asked friend of the court before if I could file for custody. They told me no while the guardianship hearing was ongoing but my ex. Who is trying to also get custody? Just filed and I am concerned for my kids safety with him. How was he able to do that and? How can this be legal if I was told... View More

1 Answer | Asked in Family Law for Michigan on
Q: How long does an attorney have to file a court order in family court?
Brent T. Geers
Brent T. Geers
answered on Apr 11, 2024

Depends...and then a judge still needs to sign it, which takes more time.

1 Answer | Asked in Contracts, Family Law, Child Support and Collections for Michigan on
Q: What can you do when the judge lies to you and your court appointed attorney does nothing

I had an attorney that was going to handle my case pro Bono and the judge said that they could not do it because I was not a resident of the state of Michigan but how can that be true if I am in court in that state my lawyer would have to be licensed in that state

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 7, 2024

You can be hauled into court in Michigan even if you are not a Michigan resident. If you are not a resident, according to the judge, you are not eligible to have a court appointed attorney.

2 Answers | Asked in Contracts, Family Law, Child Support and Collections for Michigan on
Q: When it is the state that is in court as the plaintiff how can that case be tried as not to be impartial to the state

How can the friend of the court enter you into a contract without your consent and don't you have the constitutional right to contract or not to contract

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 7, 2024

Apparently, you are a New York resident who has an open child support case in Michigan and appeared in a Michigan court. I assume the State of Michigan was the complaining party. Under the child support laws of all 50 states, as required by federal law, each state has a state agency to collect and... View More

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0 Answers | Asked in Adoption and Family Law for Michigan on
Q: How difficult is it for stepparent adoption if there is no bio father on the birth certificate & never any contact?

My husband wants to adopt my 9yr old son, he has been in his life since my son was 2. The bio father left when I was 16 wks pregnant and has never had contact & not in the birth certificate. My husband and I have 2 biological children together as well. We own our own home. I would like to avoid... View More

0 Answers | Asked in Criminal Law, Family Law and Libel & Slander for Michigan on
Q: Can I access the discovery from a case of child endangerment of which I was an underage victim of?

I don’t wish to press charges on my mother, who is the charged defendant, but I wish to submit a testimony. Or at the very least access the court documents.

1 Answer | Asked in Family Law for Michigan on
Q: 1st hearing, shouldn't I of received, evidence against me, medical orders, statements, disclosure? Paperwork?
Brent T. Geers
Brent T. Geers
answered on Apr 1, 2024

Not necessarily. Is this a custody or divorce case? If so, the 1st hearing is usually to establish a temporary order: figure out what's going on and how to keep things from getting worst. There's usually a lot of discovery and exchange of evidence left to do.

0 Answers | Asked in Family Law for Michigan on
Q: No, ad litem couldn't find her, they wanted to adjournment, &also APS in contempt, seized her, no order, no harm, no scr

Says. in gal no evidence, we love her, known 25yrs. This is unbelievable, corruption, I found her petition, they put in her room, not signed, no rights, says her name, not her orders

1 Answer | Asked in Contracts, Family Law and Real Estate Law for Michigan on
Q: I currently live with my boyfriend in a house that he solely owns. We do not want to marry. I recently sold my home &

have been thinking of making some major renovations to his home. However, I want to ensure my investment is protected in case he dies, we separate, etc. What is the best option to accomplish this? Note, he is in full agreement of us having some type of legal document to protect both our interests.

Brent T. Geers
Brent T. Geers
answered on Mar 28, 2024

Best option would be to put your name on the deed as a joint owner. That way, even if you separate, you would be entitled to a portion of the proceeds upon sale of the house. Another alternative would be for him to complete an estate plan, and preferably a lady bird deed naming you as the... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Civil Rights for Michigan on
Q: I want to sue my husbands ex wife and sisters for attacking me in 2018 when I was 5 weeks pregnant. He has autism

I was verbally and physically attacked by my husbands sister and his ex planned it even omitted to it. She even began rumors saying I was a homewrecker causing more stress. She even attempted to have me assaulted with wine bottles by her cousins two them and yes she drove the car. I want to sue... View More

James L. Arrasmith
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answered on Mar 28, 2024

In situations where you've been subjected to physical and verbal attacks, pursuing legal action is a pathway many consider to find justice and potentially deter future incidents. Your desire to sue for the distress and harm caused, especially during a sensitive period like early pregnancy, is... View More

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Michigan on
Q: Is their common law marriage or cohabitation rights in Michigan?

My father is 84 years old in the early stages of demensia/Alzheimers. He has a girlfriend (58 yrs old) who has lived with him for approximately 6 years. If my father goes into a nursing home or passes what rights will she have, if any? To my knowledge, he has a will that my mother and him put... View More

Douglas E. Kuthy
Douglas E. Kuthy
answered on Mar 27, 2024

There is no such thing as common law marriage in MIchigan. There are no rights obtained from co-habitation. You appear to be on the right path but I would suggest that you also have a complete estate plan prepared for him including a trust while he is still competent enough to know what he is... View More

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