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Questions Answered by Brent T. Geers
1 Answer | Asked in Divorce for Michigan on
Q: I know Michigan is a no fault divorce state, my question my husband fathered a child during our marriage. Can I sue her?

For alienation of affection from my husband? My husband and I have no kids and have been married 14 years. I want a divorce. The only property is home furnishings and 2 cars both in my name. Is there anyway that I can require him to help pay the note for the car that he drives? I’m retired and... Read more »

Brent T. Geers
Brent T. Geers answered on Feb 26, 2020

You can safely give up the notion of suing this other woman. What duty or obligation did she have with you? Your husband, on the other hand, does have obligations to you, and he's the one you should focus on. His fault in having this extramarital affair can be one factor in a spousal support... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: I have a disorderly charge in mahcomb county. I missed my court date because I was in jail in Ohio.

I called 41b they told me to plea by mail. Case number is 19-2811c. What is my best option

Brent T. Geers
Brent T. Geers answered on Feb 25, 2020

If you want to fight the charge and have a trial, you'll need to make your way to Macomb county and deal with the bench warrant that has been issued. If not, then what the court told you about plea by mail is probably a good option.

1 Answer | Asked in Family Law, Child Support and Civil Litigation for Michigan on
Q: Now that my son is 21 and I'm owed arrears of over 40,000, how to I get that enforced and paid?

My son was born in California in 1998 and a court order was put in place for the father to pay each month. He rarely paid and traveled to Mexico and different states to avoid paying. He put his assests in other peoples names. I live in Michigan and they said they cannot help me because my son is... Read more »

Brent T. Geers
Brent T. Geers answered on Feb 25, 2020

It sounds like the attorneys are telling you the right answers, albeit bifurcated. Do you ever make the California court order a Michigan order? If not, Michigan has nothing to do with enforcement of a California court order, and so the Michigan attorneys are correct that they can't help. The... Read more »

1 Answer | Asked in Criminal Law, Identity Theft and White Collar Crime for Michigan on
Q: Looking for pro bono lawyer for friend that is already incarcerated. He has court appointed but he has not done a thing.

A cpl charges include possession of methamphetamine, stolen car, counterfeit money, I'm unsure of exact atm but can obtain the info

How can I help get him a lawyer that will actually help him?? He does have court date set for March 5th but I really think hes getting screwed by this... Read more »

Brent T. Geers
Brent T. Geers answered on Feb 24, 2020

The best thing you can do to support your friend, short of hiring an attorney, is to manage his expectations. I get it that your friend doesn't think his court appointed attorney is doing anything, but depending on the facts of the case, he may be facing a situation where he either accepts the best... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: If you are parked in front of someone house, can the police pull up behind you no light or anything.

Question you on why you are parked there, and ask to search your car and u say no so they bring the dog and they claim the dog signaled them and start searching the car. Happen to find a gun under the seat but no drugs or anything else. Is this a legal search. What would be the probable cause to... Read more »

Brent T. Geers
Brent T. Geers answered on Feb 24, 2020

I would suspect that the police were actively watching that house, and had a pretty good idea of who was coming and going, and for what reasons. At the very least there is reasonable suspicion, which would allow for a brief period of detainment. Without knowing more about the case, it's hard to... Read more »

1 Answer | Asked in Adoption and Family Law for Michigan on
Q: How long do I have to try to overturn an adoption in Michigan that was not consent! My children were adopted in 2017!
Brent T. Geers
Brent T. Geers answered on Feb 24, 2020

I would say you're well past any time limit. I am unsure how an adoption moved forward without your consent unless your parental rights were terminated.

2 Answers | Asked in Car Accidents and Insurance Defense for Michigan on
Q: Can I be sued in Michigan for hitting a building, if it's my fault?

I hit a building and it's my fault (negligent in parking lot, no drugs or alcohol involved). Can my insurance company deny the building owner's claim? Can the building owner (or their insurance company) sue me for damages?

Brent T. Geers
Brent T. Geers answered on Feb 22, 2020

The answer is "yes" to both your questions. Although I'm not sure why the insurance company would deny a valid claim unless they were denying coverage for any number of reasons found in your contract with them. In which case the building owner could certainly sue you personally.

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1 Answer | Asked in Family Law for Michigan on
Q: Father of my fiancé’s children who I’ve raised for the past 3 years is getting off of parole in MI for violent crime...

The violent crime was endangering the mother and the two children. He has lost sole physical and legal custody. He has since been released and is half way through parole. How do the kids mother and I make sure he cannot see them anymore after he gets off parole? Is it possible he can get visiting... Read more »

Brent T. Geers
Brent T. Geers answered on Feb 22, 2020

Short of termination of parental rights, there is nothing you can do to prevent this man from asking the court for parenting time. Granted, he faces a significant uphill battle.

If you were married, you could try a step-parent adoption whereby this man voluntarily relinquishes his parental...
Read more »

2 Answers | Asked in Family Law for Michigan on
Q: Hello can you use fraud on the court under the federal rule of procedure Rule 60 for a family court case?

Child support case where ex and her lawyer are submitting fraudulent evidence, lying to the court, etc

UPDATE:

I discovered many US family court cases that fraud on the court under Rule 60 was used. In Michigan Rule 60 must be verified in your jurisdiction to use it.... Read more »

Brent T. Geers
Brent T. Geers answered on Feb 22, 2020

If this is a family court case, Rule 60 is not applicable. If you believe your ex and her lawyer are falsifying documents and submitting them to the court, you best be prepared to prove it at a trial or evidentiary hearing. If you can, then the court can certainly issue sanctions against your ex or... Read more »

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1 Answer | Asked in Family Law for Michigan on
Q: Does the lawyer of an estate represent all the beneficiaries or only the trustee(s)?

The lawyer was chosen by the deceased parent (in Michigan) to handle the estate. The trustees are 2 of 4 adult children. All 4 are beneficiaries.

Brent T. Geers
Brent T. Geers answered on Feb 22, 2020

The lawyer would, most likely, represent the estate or trust and the trustee. A carefully crafted retainer agreement will actually spell out that the attorney does not represent the trustee to the extent he or she is also a beneficiary of the trust. Any beneficiary may retain separate counsel to... Read more »

1 Answer | Asked in Civil Rights for Michigan on
Q: can I still sue a police department for a wrongful conviction even if I was serving an concurrent sentence????

I was just recently exonerated from a second degree murder charge I was originally serving a 8 year sentence for great bodily harm which I was given 6 to 10 years and an additional 2 years to be served consecutively which was 8 years total however 3 months after being in the doc the police hit me... Read more »

Brent T. Geers
Brent T. Geers answered on Feb 22, 2020

The answer is going to depend on how you were convicted of the murder charge. Did you go to trial and lose? If you plead guilty, then I think you'll be out of luck. I don't think being held beyond your ERD is relevant, although I totally understand where you are coming from with it. Here's why:... Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My son wasn't put on his daughter's birth cert & now the birth mom is denying all visits & communication for no reason.

My son's (he is 19 years old) daughter is almost 17 months old & we have had her almost every weekend since birth, including 3-4 separate times when her mother left her with us for 7-10 days while she was out of state. Her mom abruptly stopped visits but since my son is not on the birth cert, he... Read more »

Brent T. Geers
Brent T. Geers answered on Feb 22, 2020

Your son will need to start a paternity action to establish paternity. If you search on the State Court Administrator's Office website, you'll find the forms to fill out. You are right that establishing paternity alone will not change custody. Your son will then need to petition for custody and... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: My nephew (age 14) is being charged with 3 counts of 1st degree CSC against my son (10). Can I sue his parents?

Will there be restitution involved? Will they be required to pay his therapy bills in this case, or would I have to sue them?

Brent T. Geers
Brent T. Geers answered on Feb 22, 2020

All valid questions, and ones you should ask the victim's rights coordinator or prosecutor assigned to the case.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can I put my tenant in jail for property damage he lit part of my deck on fire and much more damage to the home
Brent T. Geers
Brent T. Geers answered on Feb 22, 2020

You cannot, but a judge could after you contact your local police and the prosecutor charges your tenant with malicious destruction of property.

1 Answer | Asked in Traffic Tickets for Michigan on
Q: If I get pulled over for speeding. (School zone after school hrs) wasn't given a tic for that but was taken to jail ,

For dwls. And no proof of insurance which I had But wasn't active. Just proof. Can I fight any of these?

Brent T. Geers
Brent T. Geers answered on Jan 31, 2020

Was your driver license valid? If not, than I don't know what your defense might be to that charge. There are a few that apply in very limited circumstances. And if your insurance wasn't "active", then the "proof" is invalid to the claim that you were driving without insurance. Neither charge... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: Is it illegal to refuse to give your i.d. to police if you haven't committed a crime in the state of Mi. When is it a c

Is it a crime to wear a winter ski mask outside on a public sidewalk during the day in Virginia and Michigan

Brent T. Geers
Brent T. Geers answered on Jan 31, 2020

You must stop and identify yourself to police when requested; it is a crime in itself not to do so or to provide false information. If you do not, the police can detain you until your identity can be ascertained.

As to the ski mask in public, walking down the street may not be an issue,...
Read more »

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: My boyfriend received a eviction notice for illegal activitie, which he's not doing. It's based on a anonymous call.

He has to be out 2/29/20. He isn't doing anything illegal, nor could they have proof of such. What can he do?

Brent T. Geers
Brent T. Geers answered on Jan 31, 2020

There should be a hearing date set. He should attend that and explain his position.

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: I lived on the streets for a decade and a year ago I got help and I'm trying to dig out of it.When I went to foc they

Said I owed twice the amount.My ex got a court date and doubled my child support while I was living on the streets.How can they do this and nobody at friend of the court will listen.They keep saying that's what you owe.I feel like just giving up and going back to the streets. Any advice would be... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 29, 2020

I can appreciate your frustration. What happens is that FOC collects on and enforces child support orders as written. That means that it's on you as the payer to seek suspension or modification to an existing support order. Neither the court or FOC has any way of knowing you are unemployed,... Read more »

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: I have a divorce trial coming up. And I was just wondering if I could have witnesses?
Brent T. Geers
Brent T. Geers answered on Jan 27, 2020

You can, although any witnesses you choose should have relevant and unique information. You do not need, and the judge will probably not allow, 10 people each saying that you're the best person they've ever known. More importantly, each witness must be able to testify about facts they have personal... Read more »

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