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Questions Answered by Brent T. Geers
1 Answer | Asked in Family Law for Michigan on
Q: My child is 5 years old. The father wants 50 50 custody now that he is married.he wasn't around before that..

How do I fight this .I'm a stay at home mom who was going to homeschooling my child..

Brent T. Geers
Brent T. Geers
answered on Mar 13, 2024

You fight by preparing a response to his motion and attend the hearing. You seem to have a custodial environment established. I think before a judge were to change custody, they would want to know to what extent his hasn't been around and why.

2 Answers | Asked in Constitutional Law for Michigan on
Q: Do I have to provide my cpl to a police officer in Michigan that randomly walks up and ask to see it

Police officers randomly walks up to me and ask to see my CPL in Michigan just because they know I am caring am I required by law to show it and this is a non-traffic stop

Brent T. Geers
Brent T. Geers
answered on Mar 6, 2024

How or why would the officer think you're carrying? If they have reasonable suspicion - which isn't much, but more than just a hunch - they can ask to see your CPL.

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2 Answers | Asked in Civil Rights and Communications Law for Michigan on
Q: Can a county jail inmates phone call recordings between the inmate and family members be released to general public?

Not for legal purposes. Just random people?

Brent T. Geers
Brent T. Geers
answered on Mar 4, 2024

I do not believe so. I would not anticipate a jail would do so without a FOIA request, and jail calls would not ordinarily be public records subject to FOIA. However, if those calls are admitted into the court record, I think that's a whole different story.

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1 Answer | Asked in Personal Injury and Legal Malpractice for Michigan on
Q: Why did my attorney cash the settlement check written to me rather than send it directly to me?

Why did my attorney cash the settlement check written to me rather than send it directly to me? Why would there be 2 claim numbers and why would the insurance send my attorney 2 checks? One was for the attorney's amount, one was for my amount. Why would my attorney cash them and send me a... View More

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

These are all questions you need to ask your attorney. You have a right to know all these answers. From what you described, there is quite likely a reasonable and legitimate explanation. Your attorney should be able to explain all of it to you.

1 Answer | Asked in Child Custody, Child Support and Divorce for Michigan on
Q: Can a parent get custody if they don't have a job or a drivers license?

My husband is saying he is keeping the kids and getting full custody of our kids because I don't work and don't have a drivers license. I do everything for our kids, and all the housework. He also says he isn't paying child support because he already pays child support for his other... View More

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

That's not how child custody works. If it were, a lot of people would not have custody. The court determines custody based on the best interest of the child factors.

1 Answer | Asked in Education Law for Michigan on
Q: Are there any michigan laws for public schools that pertain to how much tv/content is shown to children?

My child’s teacher puts tv on during snack time, brain breaks, indoor recesses, gives them movie days and a day where they can bring electronics from home to play games. None of the content is educational, and I don’t agree with the content my child is watching. She also gives out sugary treats... View More

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

No laws that I'm aware of. This really is a school issue that must be addressed with the teacher, building principal, and possibly the superintendent.

1 Answer | Asked in Child Custody for Michigan on
Q: How do I get custody of my daughter from foster home
Brent T. Geers
Brent T. Geers
answered on Feb 28, 2024

No one can answer that without knowing why your daughter is in the foster home. If she's there due to a CPS petition, then you need to go through the court proceedings to resolve those issues.

1 Answer | Asked in DUI / DWI and Criminal Law for Michigan on
Q: i caught my third owi in march 2020 prior to that my second was 2010 . i was never charged for the third they told me

that the blood never came back from the lab. 4 years have passed . is it possible that this will get threw out of court , because i wanted to get my license back so i can gain employment. my case has been awaiting a warrant for 3 years

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

Very possible. What other evidence would they have of your intoxication? I assume you declined to take a PBT or conduct FSTE?

2 Answers | Asked in Traffic Tickets, Civil Rights, Land Use & Zoning and Municipal Law for Michigan on
Q: Is it legal for a cop to sit in an apartment complex parking lot posted private property and pull people over speeding

I live in an apartment complex in Michigan in a little village and a cop always sits in the parking lot and radars people and pulls them over because there's a big speed trap right were the apartment complex is goes from 55 to 25 mph

Brent T. Geers
Brent T. Geers
answered on Feb 17, 2024

Likely yes. Cops may generally be parked anywhere open to the general public. An apartment complex parking area is really no different from that of a church or grocery store.

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2 Answers | Asked in Family Law for Michigan on
Q: My husband whom I am not living with anymore recieved a state of Michigan check. He will not give me any funds.
Brent T. Geers
Brent T. Geers
answered on Feb 17, 2024

Unless your separation is subject to a support order, I'm unsure what obligation he would have to share funds with you.

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1 Answer | Asked in Foreclosure for Michigan on
Q: If my home sold at sherriff sale to a bank n loan only in my name, deed was in her name can i make my ex leave sooner?

Can i do anything about her not paying the loan n her new husband calling the bank pretending to be me? I havent lived there in 12 years and now shes ruined my credit

What are my options? They said she has till June when house sold in Nov to move out, but im not buying house back and i want... View More

Brent T. Geers
Brent T. Geers
answered on Feb 17, 2024

You don't have many options regarding her staying in the house. The bank now owns it and would be responsible for her eviction at the appropriate time (e.g. expiration of redemption period).

1 Answer | Asked in Domestic Violence for Michigan on
Q: I was abused by my boyfriend and he’s in jail not for abuse but for something else and he’s threatening me over the pho
Brent T. Geers
Brent T. Geers
answered on Feb 1, 2024

Contact the prosecutor's victim / witness coordinator. You likely can also contact the jail or the third-party services they use for phone calls to have them block your number.

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: I have a question about removing a non biological father from the birth certificate in Michigan

Me and my girlfriend at the time were both at the end of getting divorced? Before the divorce was finalized my girlfriend ending up getting pregnant and delivering our daughter. Since she was still married to another man legally his name was put on the birth certificate. He lives in Texas and... View More

Brent T. Geers
Brent T. Geers
answered on Feb 1, 2024

You will likely need to file a motion in the family court with jurisdiction here in Michigan. Preferably, you can have the non-biological father stipulate to the set of facts.

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Michigan on
Q: someone is currently incarcerated and is sentenced but would like to appeal is it possible for them to get more time?

inmate was sentenced in september for a criminal case and would like to appeal is it possible that they could get more time if they take it back to court and lose? or would the time remain the same?

Brent T. Geers
Brent T. Geers
answered on Jan 31, 2024

It IS possible for the sentence to be increased. More important, you need a valid legal argument to even get in front of a judge on appeal. You can't just say "I don't like my sentence and want you to give me another one".

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2 Answers | Asked in Small Claims for Michigan on
Q: If 2 vehicles collide in a parking lot on private property, both occupied and in drive. What party is responsible?

The other party says I need to pay for damages 100%, but their car was not legally parked

Brent T. Geers
Brent T. Geers
answered on Jan 23, 2024

Hopefully you both have insurance. Contact your insurance company and let them figure it all out.

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1 Answer | Asked in Criminal Law, Family Law and Child Custody for Michigan on
Q: An email from opposing counsel to my counsel shared docs of illegal activity by their client. Can I share with police?

My ex & his wife record my convos w/my daughter while she's w/them. Is this eavesdropping? They shared the docs w/date/time/length/and summaries w/their lawyer who shared w/my lawyer & he shared w/me. Can I file with the Michigan State Police - criminal since they shared?Opposing... View More

Brent T. Geers
Brent T. Geers
answered on Jan 11, 2024

What does your attorney say about it? Presumably, he or she saw the same documents. You should not do anything without their advice as it may unintentionally impact your present case.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: If I paid before our court date, how am I still being evicted?

I'm assuming my landlord went to court and said that they never received their payment and I get a notice in the mail saying that I still owe that amount plus fees. I didn't attend court because I paid what I owed. How?! If the balance was paid before the date? I was told by the clerk... View More

Brent T. Geers
Brent T. Geers
answered on Dec 27, 2023

That is true. Do you have proof of payment? Of the entire judgment amount?

1 Answer | Asked in Child Custody, Family Law, Domestic Violence and Gov & Administrative Law for Michigan on
Q: In Michigan, any funding for legal help from Dept. of Health & Human Services for parents in custody battle w abusive ex

Ex was abusive in marriage. Had an affair and theyre now married. She is controlling and he as well and are keeping the kids from me. Will not allow phone calls or anything. Have now refused to allow parenting time visits. Tell kids to keep sports activity info from me. To point of me not knowing... View More

Brent T. Geers
Brent T. Geers
answered on Dec 27, 2023

There is no state funding or a right to an attorney in family law matters like in criminal law. However, you may contact your county's legal aid office to see if you qualify for legal assistance.

1 Answer | Asked in Divorce for Michigan on
Q: If wife is keeping the house during a divorce, would judge require me to keep my name on the mortgage for 1-2 years?

4 minor kids involved. Her lawyer says my name would have to stay on the mortgage for at least one year even tho I’m leaving and she keeps house. This doesn’t sound correct at all

Brent T. Geers
Brent T. Geers
answered on Dec 27, 2023

Hard to say without a lot more information. Do you have a lawyer? You should ask him or her; there are very few "yes/no", "right/wrong" answers in family law.

1 Answer | Asked in Education Law for Michigan on
Q: My brother made a diss track against a kid and posted it on YouTube the got suspended, can the school do that?

The kid in the diss track said my brother could make it and my brother has a disclaimer on the video saying it was a joke. When he tried to explain it to the school they got mad at him and suspended him for 3 days for cyber bulling, the only line in the whole thing that could be bulling is telling... View More

Brent T. Geers
Brent T. Geers
answered on Dec 27, 2023

The Constitution does not extend in equal fashion to minors in a school setting. No, kids cannot do what adults may be able to do in a school setting and go unscathed. Doesn't matter what the other kid did if your brother initiated it.

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