Questions Answered by Brent T. Geers

Q: A cop called asked to come in for questioning.

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Answered on Feb 8, 2019
Brent T. Geers' answer
Ordinarily you are under no obligation to go and talk with the police, regardless if your mom told them you would. Whether it's in your best interest to do so should be discussed in depth with an attorney before talking with the police.

Q: My ex keeps taking our child somewhere I don't think is safe for him to be, can I legally have her not take him there?

1 Answer | Asked in Family Law for Michigan on
Answered on Feb 7, 2019
Brent T. Geers' answer
If you can articulate verifiable reasons to a judge that 1) she actually is taking your child someplace, and 2) it is unsafe for the child, then possibly. You will need more facts than just a feeling or belief that a place is unsafe. For example, if you think she's taking the child to a drug house, has there been a police raid or have people recently been arrested out of there for drugs? Again, it has to be more than just you thinking something is going on.

Q: I dont receive assistance but my child does receive Medicaid. Can they force him to pay support if I say I don’t want

1 Answer | Asked in Child Support for Michigan on
Answered on Feb 7, 2019
Brent T. Geers' answer
The state will not ask first, they will impose a child support order calculated by the Michigan Child Support Guidelines. There is no negotiating as to the amount.

Q: If a father is not present at the time of birth can he be put on the birth certificate by the mother?

1 Answer | Asked in Family Law for Michigan on
Answered on Feb 3, 2019
Brent T. Geers' answer
Absolutely! Any number of fathers are unable to be present at a child's birth; it is not a requirement to be at the birth to be on the birth certificate.

Q: My husband has anger issues and has been getting increasingly worse.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Michigan on
Answered on Feb 3, 2019
Brent T. Geers' answer
Yes, but PLEASE see a local family law attorney immediately. There are legal and practical consequences to consider that an experienced and skilled family law attorney will know and advise you on.

Q: if my wife's name was forged on a quit claim deed 10 years ago. and we just found out today.

1 Answer | Asked in Criminal Law for Michigan on
Answered on Feb 3, 2019
Brent T. Geers' answer
You may have some recourse, but it is very fact-dependent. Presumably, the quit claim deed was notarized, so if your wife is saying she didn't sign, then either the notarization was falsified, or the notary didn't do his or her job properly - all of which needs to be proved of course in court.

There is a valid legal argument to be made that the clock on the statute of limitations doesn't start until you know or should have known of a claim. That said, your wife should be prepared for...

Q: Why does my son have to pay child support to the mom when she hasn't had their child in 5 years but she gets the money?

1 Answer | Asked in Child Support for Michigan on
Answered on Feb 3, 2019
Brent T. Geers' answer
The obligation to financially support a child is independent of the right to have a parental relationship with the child through custody and parenting time. Child support is quite bluntly, a formula; you plug in some numbers and out comes a payment amount. All things being equal, the best, most involved parent pays the same amount as the parent who does nothing.

Custody and parenting time incorporate a whole host of other factors to determine what is in the child's best interest. Just...

Q: How do I get help dropping a no contact order

1 Answer | Asked in Domestic Violence for Michigan on
Answered on Feb 3, 2019
Brent T. Geers' answer
Your first step is to talk with the victim/witness coordinator at the prosecutor's office. You may ultimately need to convince a judge on the record that it should be dropped. Courts take no-contact orders in domestic violence cases seriously and will not just drop it.

Q: Unofficial contract validity?

1 Answer | Asked in Contracts for Michigan on
Answered on Feb 3, 2019
Brent T. Geers' answer
What do you mean by "unofficial". Just because it's not done or signed by the apartment complex doesn't make it unofficial. If he or she signed it, you may have a case.

Q: Can I hold the VA responsible for not healing properly from a surgery in 2012 - I have numbness on the surgical line

1 Answer | Asked in Medical Malpractice for Michigan on
Answered on Feb 3, 2019
Brent T. Geers' answer
Medical malpractice claims are intricate to pursue, and require an attorney. That said, you may find, after consultation with an attorney, that you are beyond the statute of limitations - meaning that an otherwise valid claim would be dismissed. The other issue is that pain and numbness is hard to base a med mal claim on. Every body is different, pain tolerances vary, and nerves can regenerate in 6 months for one person and 6 years in another person. You should, though, talk with an attorney....

Q: I am involved in a human trafficking case in Michigan. My question is do both victims have to testify?

1 Answer | Asked in Criminal Law for Michigan on
Answered on Feb 3, 2019
Brent T. Geers' answer
Assuming that since you mention two victims that there are two separate counts, successful prosecution of both counts would depend on both victims showing up. That said, being convicted on one count is enough and would take only the one victim.

Keep in mind that most prosecutors and courts are well versed in how to deal with reluctant victims and witnesses. The prosecutor may ask the court for a material witness warrant for the missing victim. That means that the police will be allowed...

Q: what is the legal recourse, Michigan, after already giving a full name to law enforcement as required under Fed law

1 Answer | Asked in Civil Litigation for Michigan on
Answered on Jan 21, 2019
Brent T. Geers' answer
I'm not sure what recourse you'd be looking for. If you've properly and truthfully identified yourself to law enforcement, they either arrested you or not based on why they asked you to identify yourself in the first place. If you are not arrested or facing criminal charges at this point, it seems to be a moot issue.

Q: What the best way to cut your jail time from an year to 8 months if this your 2nd DUI?

1 Answer | Asked in DUI / DWI for Michigan on
Answered on Jan 21, 2019
Brent T. Geers' answer
Your eventual sentence will be up to your judge absent a plea agreement. Judges sentence people based on the facts of the case and individual circumstances. A 2nd offense OWI carries a maximum penalty of one year in jail; that is not saying that the judge will sentence you to one year, eight months, or even 10 days.

Q: Can a father be forced to administer Doctor prescribed medication to the child when she is visiting with him?

1 Answer | Asked in Family Law for Michigan on
Answered on Jan 21, 2019
Brent T. Geers' answer
If the medication is properly prescribed, the father must comply. If he doesn't, mom can file a motion with the court.

Q: Processer tried to serve me. Local court docket shows I have a civil suit case. Do I have to go to court

1 Answer | Asked in Civil Litigation for Michigan on
Answered on Jan 21, 2019
Brent T. Geers' answer
In civil cases, you're not found guilty; you may be found liable or responsible. If you do not show up to court, you lose the ability to defend yourself and eventually the person suing you will receiving a default judgment, allowing them to legally collect whatever money they say you owe them. That can include garnishing your income.

Q: What kind of Lawyer do I need to set up DAV and VFW along with any surviving nieces and nephews as beneficiaries?

2 Answers | Asked in Estate Planning for Michigan on
Answered on Jan 21, 2019
Brent T. Geers' answer
Are you trying to establish a post chapter as a nonprofit? If you're wanting to set up a DAV or VFW post, you need to coordinate with those organizations as you'll need a charter from them to proceed. If you want to set up your own nonprofit, you may, but nonprofits cannot have individual beneficiaries - any remaining proceeds would need to be donated to a legitimate nonprofit.

Q: Why did my post-ADR conference get cancelled, again? (Federal Court)

2 Answers | Asked in Personal Injury for Michigan on
Answered on Jan 16, 2019
Brent T. Geers' answer
Adjournments and other delays are part and parcel to civil litigation. This latest cancellation could be for any number of reasons and requested by one or several of the parties. Hopefully your lawyer can provide you with an explanation about what happened. Just know that it's not terribly unusual for that to happen.

Q: I am a minor in Michigan about to form an LLC. How can I enter into a contract on behalf of my company as a minor?

1 Answer | Asked in Contracts, Banking, Business Formation and Business Law for Michigan on
Answered on Jan 13, 2019
Brent T. Geers' answer
You will need your parents help with this. Other than that, you should be good-to-go.

Q: I have had revoked overtime due to having FMLA - This is discrimination?

1 Answer | Asked in Employment Discrimination, Employment Law and Small Claims for Michigan on
Answered on Jan 12, 2019
Brent T. Geers' answer
Your situation would require consultation with an experienced employee-side employment law attorney. Very generally, you are not entitled to overtime, and so your company not giving you more overtime may not mean much.

Q: Do You Help with custody battles with parents who can't Co-parent with Thier Children's

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Answered on Jan 12, 2019
Brent T. Geers' answer
Your question is the essence of custody disputes heard everyday in courts. Without agreement, you'll need to be prepared to litigate the matter.

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