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Questions Answered by Brent T. Geers
1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: I currently have my children every other weekend and one weekday every week and have joint custody, The father just died

Long story short my exhusband lived with his parents so they helped raised my 2 boys for the last 10yrs of their life They decided to withhold this info from me because they did not want my boys to come to my house permanently since their father is not alive Another family member thought it was not... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 25, 2022

The police are right: this is a family court matter that needs to be addressed there. If you do not have legal custody of the children, it's possible that with the father dead, the grandparents would become guardians. And even if you have shared legal custody, the best interest of the child... Read more »

1 Answer | Asked in Constitutional Law and Native American Law for Michigan on
Q: I am a descendant of a native American tribe.. non-tribal member. Can I consider myself to be an independent sovereign?
Brent T. Geers
Brent T. Geers
answered on Sep 25, 2022

You are free to consider yourself whatever you want. However, you will remain subject to all rules, laws, and expectations that apply to everyone else....including tribal members.

1 Answer | Asked in Family Law for Michigan on
Q: Currently get my children every other weekend just found out the father passed away.

Unsure what to do father passed away. The family is now withholding my children from me even though it’s my weekend to pick up. I called the local authorities and they stated that the family members can still withhold my children from me even if father is dead and that is a family matter and I... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 25, 2022

Go to the family court tomorrow (Monday) or as soon as you can. The result will depend on if you have legal custody.

1 Answer | Asked in Uncategorized for Michigan on
Q: How to get people to leave your house

They have been here 2-1/2 weeks. It appears they are professional squatters. Do they have any legal rights to stay?and what steps should I take?

Brent T. Geers
Brent T. Geers
answered on Sep 22, 2022

Did you allow them in or did they trespass to gain entry? The answer to that will determine your route forward.

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Can we apply for/sign a Marriage license in Michigan if we are Common Law Married in Colorado?

My husband and I declared ourselves married while living in Colorado back in 2016. We have since moved to Michigan and have decided to finally get around to having a ceremony. This will be more a renewal of vows but someone brought up signing a marriage license, since we don't have one. Is... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 21, 2022

Interesting question! Have you been filing taxes jointly? As you probably already know, but for others' benefit who may come upon this question, common law marriage is a legal form of marriage in some states. Michigan does not allow for common law marriage, but does recognize marriages legally... Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: Fired because some was sore I wrote them up and complained to GM.

For the 4 years I have worked at Menards Inc. I have not had any performance or attendance issues. I am a 1st assistant and this past Sunday I wrote up a fellow manager under me for poor job performance. He was irritated. The Saturday before we were playing around and he joked with me about... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 21, 2022

Really hard to say given the limited facts.

Generally, absent a contract or a union agreement, employment in Michigan is "at will". There is limited protection against firing, but retaliation may be a legitimate issue to address. Your problem, though, may be that by your account,...
Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: In the state if michigan, how long after a sexual assault report has been filed with police, will it take to get it in f

to get the paper work in front of the prosecutor?

Brent T. Geers
Brent T. Geers
answered on Sep 21, 2022

Depends on the facts of the case and how much investigation is required. There is no timeline. I've seen cases sent to the prosecutor a day after a report is made; I've also seen cases that take years.

1 Answer | Asked in Contracts, Family Law and Wrongful Death for Michigan on
Q: As a 16-year-old, I want to get a CSI report on the death of my mother. How do I obtain this? Can I do it myself?

The death was deemed a suicide, in 2007. I have the CSI officer's name. My mother did not have any other children, however, my dad, her husband before she died is still alive and I live with him. The case is closed.

Brent T. Geers
Brent T. Geers
answered on Sep 20, 2022

I don't think it's a CSI report you are looking for; perhaps an autopsy report? You are going to need an adult to help you get that.

1 Answer | Asked in Family Law for Michigan on
Q: A teacher made physical contact with my son at school with her body after backing him into an open locker. Its on video.
Brent T. Geers
Brent T. Geers
answered on Sep 19, 2022

What's your question? Are you alleging a physical or sexual assault occurred?

1 Answer | Asked in Probate for Michigan on
Q: After Proof of Service for Informal probate has been mailed. Can you hire a different lawyer instead. Nothing filed yet.

After Proof of Service for Informal probate and appointment of PR, notice intent request informal appt PR were mailed out. 14 days is not here yet, nothing filed yet. Can you hire a different attorney instead? If so, does another notice need to be filed again, waiting another 14 days? No... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 19, 2022

If the reason to look for a different attorney is dissatisfaction with the timeline so far, I think your concern may be a bit unfounded at this point. It is not unusual for notices to go out, and then proof of service of those notices to be sent to the court later. 14 days is 14 days, but you also... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Michigan on
Q: Likelihood of jail or prison time with meth charge and extensive criminal history in another state?

My brother has an extensive drug history and a history of not appearing in court in FL. He’s also has two bench warrants from Florida that he wasn’t aware of.

He was arrested in Cadillac on 9/16 for meth possession, DWI, and being in possession of a loaded firearm (the firearm was mine,... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 19, 2022

Avoid incarceration? Unlikely. The biggest risk factors are his loose ties to the community and his history of failure to appears. I know people change, but judges see that and think "this guy can't be trusted to be out in the community to do the right thing if he can't even show up to court".

1 Answer | Asked in Employment Discrimination and Employment Law for Michigan on
Q: I left my contract on a cruise ship before it was up. they will not hire me back, I left because of Covid, I have case?

The rule on a royal Caribbean ship is that if you leave without fulfilling a two week notice you are not allowed to be rehired. I had put a two week notice in to go home to take care of some personal stuff. During that two weeks. Covid was spreading rapidly, I had a feeling that I was going to be... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 18, 2022

What are you wanting to happen? If that is Royal Caribbean's policy, and they won't hire you back, there is nothing a court can do about that. You have no right to work for a particular company.

2 Answers | Asked in Divorce for Michigan on
Q: How do I get an error corrected in my Divorce Decree?

Dear Justia Lawyer,

My Divorce Decree wrongly states that my Maiden Name should be restored to me. My Maiden Name is xxx. My Married Name is yyy. The Judgement of Divorce should state that my Maiden Name, xxx, should be restored to me. The Judgement of Divorce was signed in Dec. 2007 in... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 18, 2022

I'm unsure if it really matters. Have you tried changing your name with the various entities? Likely, they will not question it upon showing of the JOD.

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1 Answer | Asked in Criminal Law for Michigan on
Q: Am I allowed to be sentenced in the court of law under the influence of methamphetamines

Being up prior to court for 3 days before sentencing drug tested found positive and then sentenced to 300 days incarcerated but the plea bargain was to be 2 years probation. Somehow I received 300 days and the two years probation.

Brent T. Geers
Brent T. Geers
answered on Sep 18, 2022

Unless you had permission or a prescription for methamphetamines, you engaged in misconduct by being under the influence. Misconduct between a plea and sentence nullifies any plea agreement, leaving the judge to sentence you as he or she sees fit under the law.

1 Answer | Asked in Divorce for Michigan on
Q: My fiancé and I bought a home with my money. We are now married and selling the home. She wants half the equity check.

We bought the home in may of 2021 with my money. We married in October 2021 and selling our home in October 2022. Is she entitled to half of the equity check?

Brent T. Geers
Brent T. Geers
answered on Sep 16, 2022

Quite likely, yes. Once you married, and she moved in, your house became "our house".

1 Answer | Asked in Civil Litigation for Michigan on
Q: Is a sole proprietor buisness vaunerable in a devorse
Brent T. Geers
Brent T. Geers
answered on Sep 16, 2022

Yes.

1 Answer | Asked in Foreclosure and Civil Rights for Michigan on
Q: Bondsman stole car and didn’t take off balance now house is going to auction for 6490 by September 29 on a zero charge

Inowed 2000 for a 20000 bond that I put. Y house up for the charge was dropped shortly after I bonded out but I owed the 2000 still about a month after I got out w no contact the bondsman came and took my 2008 Jeep Patriot 4x4 he said that he would notify me of the remainder balance after he sold... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 16, 2022

Get a lawyer as soon as possible regarding the house auction. There should be a court file number, and documents may indicate a lawyer who represents the bondsman, whom you should contact regarding payment.

As to the car, it's likely as part of the bond contract, you signed over title...
Read more »

1 Answer | Asked in Criminal Law and Family Law for Michigan on
Q: What if the victim doesn't fill out the victim packet before the defendant has not been notified of any charges filed...

...yet. Is it likely court will continue with charging person accused of the DV?

Brent T. Geers
Brent T. Geers
answered on Sep 16, 2022

Not sure what you are referring to by "victim packet" but prosecutor doesn't need that to move forward with charges.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: If my aunt has guardianship of my daughter, is she allowed to let her live with us(her parents)?

My daughter's father and I lost custody in 2019. (It's a long story) We fought to get her back for 2 yrs. And then had to give my aunt guardianship so they wouldn't take our rights. She had cancer so she had to go thru chemo and radiation and a few months later, they told her she was... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 16, 2022

It's an uphill battle, but it can be done where the guardianship is terminated. Were your rights terminated - either voluntary or involuntary after a trial? That will determine whether it's a matter of terminating the guardianship or you becoming guardian of your own child.

1 Answer | Asked in Medical Malpractice for Michigan on
Q: Can I sue my Dr for stopping to prescribe me my pain medication for no reason

I've been going to the same Dr office for over 10yrs. I first was seeing a Dr. He had prescribed me methadone for chronic pain. We'll he passed away from brain cancer he actually was getting treated for that when he was a Dr. Then another Dr came in his place and he agreed to prescribe me... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 15, 2022

Your choice is to see a different doctor. There is no law that says he must continue to be your doctor, or that he must continue your current prescription, or in fact prescribe you anything.

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