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Questions Answered by Brent T. Geers

1 Answer | Asked in Entertainment / Sports for Michigan on

Q: I need a attorney to assist me. Myson was assaulted by a grown up at game with his school. What type of attorney handle

this type of case. He is 15 years old playing with his team. Suffered a concussion, eye bleed, sore back foot. He was dragged. 313.737.5262.

Brent T. Geers answered on Aug 23, 2019

You are first and foremost looking at a potential criminal matter. Your first call should be to the local police. If you know the person's identity, you could also look into contacting a civil attorney.

1 Answer | Asked in Civil Litigation for Michigan on

Q: Is there such thing as stalking a public figure?

I was charged with stalking a Superintendent of a public school. Pled no contest due to mistreatment in jail. I was wondering if this is even a fair charge or if I am protected due to free speech? I have a civil case against the Superintendent and if I win will I be able to introduce that as new... Read more »

Brent T. Geers answered on Aug 22, 2019

Yes, you certainly can be charged criminally for stalking public figures. It happens with movie stars as well as, apparently, local superintendents. Being a public figure does not remove all notions of privacy. Even constitutional rights have limits. You could show up at school board meetings and... Read more »

1 Answer | Asked in Uncategorized for Michigan on

Q: MI:can a daycare who has their place as a bus stop for the local pub school now say it’s for kids in their program only?

Parents would be there to pick up their children, using it solely as a bus stop.

Brent T. Geers answered on Aug 22, 2019

You'd need to contact the school district's transportation office. But I would think from the child care facility's perspective, if the bus stop is on their property, they are incurring significant liability, and absolutely can limit access to that bus stop to enrolled children.

Can you...
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1 Answer | Asked in Criminal Law for Michigan on

Q: I have a felony conviction can it be reduced to a misdemeanor?

Brent T. Geers answered on Aug 20, 2019

Extremely difficult and unlikely. It would take cooperation from the prosecutor. Why not just ask for an expungment?

1 Answer | Asked in Child Support and Family Law for Michigan on

Q: North carolina pays for my ex wifes childcare and healthcare but i have to pay her for it through FOC is this legal?

Brent T. Geers answered on Aug 20, 2019

Yes. As part of child support, you will pay an equitable portion of child care and health care, if only to reimburse a state as may be the case here.

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on

Q: The mother of my 3 year old daughter is trying to take me to court so my daughter will no longer be able to see my

My fiancé is that even possible?

Brent T. Geers answered on Aug 20, 2019

It's possible. Especially if your fiance has any substance abuse or criminal history.

1 Answer | Asked in Family Law for Michigan on

Q: My daughter is having a baby by a man that’s married. his wife wants the visitation to be with his other 3 kids.

What rights does my daughter have?

Brent T. Geers answered on Aug 20, 2019

The most likely outcome is that the father will be entitled to parenting time according to where and with whom he deems appropriate. That means that when it is his parenting time, this new baby may be brought around his or her three half-siblings (and the wife).

To be clear, though, what...
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1 Answer | Asked in Family Law and Child Custody for Michigan on

Q: What can I do about him not being my biological son but I have been there for his whole life.

My ex just did a paternity test for my son and I and it came back I am not his father. I on his birth certificate. I have been there since day 1.

Brent T. Geers answered on Aug 20, 2019

Until there is a legal change in your status, you are the father regardless of what a test indicates. That test could be used as a basis to revoke your paternity, though.

1 Answer | Asked in Child Support for Michigan on

Q: My fiancé is paying support for a child that isn’t his but he signed the birth certificate. How can he stop payments?

The mother knows the child isn’t his and has moved to another state when the child was a baby. It’s been 10yrs. Will identifying paternity be enough to stop/close child support case and payments. Will she owe him for all the money that she has taken?

Brent T. Geers answered on Aug 20, 2019

Once your fiance signed the birth certificate (and I presume acknowledgment of paternity), that's saying "I have no reason to dispute paternity". There is a legal mechanism to revoke paternity, but after 10 years, that would be some tough sledding. Further, once his name is on a birth certificate,... Read more »

1 Answer | Asked in Child Support for Michigan on

Q: My fiancée is in jail for child support, they didn’t give him time just to pay the bail in cash on all 3 cases! Can I us

Use a bondsman to get him out

Brent T. Geers answered on Aug 20, 2019

Depends on what's happening. I would imagine the sentence involves paying a certain amount (all or substantially all of the back support) or serve a number of days in jail. If that is the case, there is no bail for a bondsman to work out.

1 Answer | Asked in Civil Rights and Criminal Law for Michigan on

Q: Can winning a civil case be used to overturn a criminal conviction?

Can a civil case win be introduced as new evidence in a criminal case and get a conviction overturned?

Brent T. Geers answered on Aug 20, 2019

Good question! But no, a civil and criminal are two different tracks. The main reason being is the vastly different burden of proof. In criminal matters, you are dealing with "beyond a reasonable doubt", which is like 90% certainty. In civil matters, you are most often dealing with preponderance of... Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on

Q: To obtain power of attorney for my 2 grandchildren, does it go through court? Or can I get form signed and notarized mys

Does it have to go in front of judge. Both parents want to do this.

Brent T. Geers answered on Aug 20, 2019

You may be confusing powers of attorney and guardianship. These are two completely different animals. One is very simple and does not involve a court; the other is more complex and does require court involvement.

1 Answer | Asked in Health Care Law and Libel & Slander for Michigan on

Q: Can someone call your doctor and lie to them?

My doctor said someone called my doctors office. They didn’t leave a name or phone number. They told my doctor i was doing drugs. What do I do? They almost cost me my script.

Brent T. Geers answered on Aug 20, 2019

I suppose it's evidenced by your question. Will a doctor act on advice from an anonymous person? Hopefully not.

I would imagine that your doctor asked you some questions about drug use. Which is appropriate, and could happen regardless of this anonymous call. Certainly, it's...
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1 Answer | Asked in Child Custody for Michigan on

Q: Me and my girlfriend are going to court in three weeks for custody of my son she just recently turned on an old phone

We were on the same cell phone plan through Xfinity mobile she turn off my cell phone four months ago when we broke up but she just recently turned it back on what can she use against me in court if we have a shared cell phone plan together

Brent T. Geers answered on Aug 5, 2019

The more relevant question is what could be found to be used against you that go to the best interest of the child factors? Are there pictures of you with drugs or guns posing with your son? This isn't a marriage, so even if there are "adult" things to be found, the question the judge will seek... Read more »

1 Answer | Asked in Landlord - Tenant for Michigan on

Q: I received a notice to quit to be evicted by landlord and his reason is because he’s Selling it

He says he has to sell or lose it to the bank so he’s given me 30 days to move which he mailed to me. No court date has been filed until after the 39days which I do need more time because I’ve been unemployed Since April but will start a new job aug 20th. What can I do to get more time before... Read more »

Brent T. Geers answered on Aug 5, 2019

Your best bet is to communicate with your landlord. Understandably, he wants to sell the property with you out of it. Perhaps you can negotiate a bit of give-and-take whereby you agree to allow showings while you are there in exchange for 60-90 days.

1 Answer | Asked in Landlord - Tenant for Michigan on

Q: How can I get more time before being evicted?

Brent T. Geers answered on Aug 5, 2019

If a judgment has been made, you will need to make contact with your landlord and ask for more time. Once the time period in the judgment expires (usually 10 days), the landlord can request a writ of eviction at anytime.

2 Answers | Asked in Contracts for Michigan on

Q: I’m left my abusive and alcoholic boyfriend. My name is on the car loan. How can I get my name off the loan?

He is driving the car without insurance and I don’t want to be liable for whatever occurs with the vehicle.

Brent T. Geers answered on Aug 5, 2019

To the bank, this is a business transaction. It doesn't matter if you're married or not; to the bank, you're jointly responsible for this date. What happens between you are your before is between you two and is not of the bank's concern.

Is your name also on the title? I agree with Mr....
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1 Answer | Asked in Child Custody and Family Law for Michigan on

Q: I have joint legal custody of my daughter who has unilateral hearing loss. We disagree as to medical decisions...

Specifically providing her with a hearing aid (not covered by insurance). Do I have any recourse?

Brent T. Geers answered on Aug 1, 2019

Either party may file a motion with the court to have a hearing on the issue so the judge can decide what happens. If the daughter needs a hearing aid (and that doesn't sound to be in dispute), the someone should buy them, and that person would be entitled to reimbursement as a medical expense.

1 Answer | Asked in Criminal Law for Michigan on

Q: I am a father of a teen that was assaulted by a drunk adult

Group of teens were being loud near a pond and a Drunk adult* assaults a teenager. He pushed , poured beer & then threw the can of beer at the teenagers. He then grabs a metal bar & threatens the kids to leave or he will grab his 45 . Father of teen is called & runs to the scene with a bball... Read more »

Brent T. Geers answered on Aug 1, 2019

Significant material facts are missing here. The questions reads like "there I was walking down the street and next thing I know I'm being charged with drunk driving". If I had to guess and read between the lines here, it sounds like this drunk adult was on his property. The teenagers either... Read more »

1 Answer | Asked in Child Custody for Michigan on

Q: I only have joint physical custody of my 7yr son. Can i file for full custody and keep him at my house?

His mom has had a active cps case or investigation most of the 7 yearz of his life. Has no job, lives in efficiency housing. My son is constantly missing school and constant doctor and emergency room visits.

Brent T. Geers answered on Jun 18, 2019

You may certainly file. You would need to establish that a change of circumstance or substantial cause exists, which it sounds like there may. One question you should be prepared to address is "why now"?

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