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Questions Answered by Brent T. Geers
1 Answer | Asked in Domestic Violence for Michigan on
Q: Can both parties in a domestic violence case file a motion to have no contact order dismissed
Brent T. Geers
Brent T. Geers answered on Feb 5, 2021

A motion would not be the proper vehicle. The victim needs to contact the prosecutor's office, or if it has one, specifically the victim / witness coordinator. Some judges will want the victim to state it on the record, and usually during a plea or sentencing. But keep in mind that the judge... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: My minor child has received a subpoena to testify in court? What are his rights? Must he testify? Penalties?
Brent T. Geers
Brent T. Geers answered on Feb 4, 2021

If he is a witness or victim, then yes, he must testify. Be aware that if any information surfaces that you as the parent are discouraging or otherwise hindering him from testifying, you could be charged with witness tampering, and you could find yourself subject to a CPS investigation.

1 Answer | Asked in Family Law for Michigan on
Q: Can a grandparent have a guardianship with a parent in Michigan?
Brent T. Geers
Brent T. Geers answered on Feb 4, 2021

No. A minor guardianship suspends parental rights. If there is one legal parent without concerns that would arise to threatening his or her parental rights, then the court cannot make a finding of need for a guardianship. If there is one legal parent, and that person agrees to have a grandparent be... Read more »

2 Answers | Asked in Divorce, Family Law and Communications Law for Michigan on
Q: my husband has a second phone, is there any way I can get the phone company to give me the record?

Everytime i got him to call, he says my wife is listening on speaker too.. so i don't think there going to disclose any info. If its a privacy law Is there a way around it?

Brent T. Geers
Brent T. Geers answered on Feb 3, 2021

What information are you seeking? If the phone is in his name, then he has access to his records. Instead of involving the phone company, why does he not just download them and give them to you, or give you online access to those records?

If he is unwilling to cooperate, then you should...
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1 Answer | Asked in Divorce for Michigan on
Q: How can I find out if I qualify for a pro Bono lawyer for my divorce? Do I need to find someone in my county?
Brent T. Geers
Brent T. Geers answered on Feb 3, 2021

Yes, your first step is to call the legal aid office that services your county. Most offices service multiple counties. They will require some information to verify your eligibility.

1 Answer | Asked in Divorce for Michigan on
Q: I’ve been separated from my husband for almost 3 years, but have not finalized divorce. Can I still take the house?

He’s been living in the house since the split, I wasn’t sure if I could afford at that time. But now I know I could and am struggling to find a 3 bedroom I can afford.

Brent T. Geers
Brent T. Geers answered on Feb 3, 2021

Have either of you filed a divorce? The home would be subject to division as part of the marital estate, but you'll have a tough hill to climb in getting the court to order him out since he's been there for all this time alone.

1 Answer | Asked in Car Accidents for Michigan on
Q: If the person is listed as at fault on the report but i had no insurance is she still liable to pay 500 towards my car?

I got into a car accident on June 15 2020. I was leaving from my credit union. I was there to inquire about the discounted auto insurance that they offered. I didn't qualify So I was going to go home get some over the phone. As i was trying to leave out of a one way exit this young lady pulls... Read more »

Brent T. Geers
Brent T. Geers answered on Feb 3, 2021

I don't believe that's true. What you are referring to is often called the "mini-tort" statute. It requires you to have insurance, as it's intended to reimburse you for your deductible.

2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: my father passed away 2 days ago. no will. my brother changed locks to house. refuses to let me on the property

is it legal for him to be taking ownership yet? what are my rights? how do i get an attorney for this matter? how do you proceed to probate?

Brent T. Geers
Brent T. Geers answered on Feb 2, 2021

I agree with the advice given by the other attorneys. I would further add that you are unlikely to receive assistance from the police in this matter; they will likely tell you it's a civil matter, and you'll need to go to court to address it. And that's exactly where you should go:... Read more »

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1 Answer | Asked in Child Custody and Education Law for Michigan on
Q: Michigan- Can the school refuse my request to withdraw my children to homeschool due to joint custody? Father disagrees.

Father disgarees. School continues to mark them absent I am now charged with truancy. School states due to joint custody I need his approval first.

Brent T. Geers
Brent T. Geers answered on Feb 1, 2021

Assuming you mean joint legal custody, then yes, you would need the father's consent to any major education changes. Have you discussed this with him? If not, and if in fact you are charged with truancy, you run the risk of being on the wrong end of a custody change.

1 Answer | Asked in Criminal Law for Michigan on
Q: Is what she texted to me illegal?

I broke up with my girlfriend. I wanted the bed that I let her daughter borrow back. She responded in text “have a lawyer draw up papers that you will never talk to my family and that if you do you have to pay me $10,000. Then you can have it back”. This seems illegal to me but I cant seem to... Read more »

Brent T. Geers
Brent T. Geers answered on Feb 1, 2021

Probably not illegal, but probably wrong and unenforceable. You might need to file a claim and delivery action in district court to get the bed back.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: What is a normal schedule for parenting time that a judge would give for the mother

The schedule that the judge gave me now is alot of back and forth with the father.

Brent T. Geers
Brent T. Geers answered on Feb 1, 2021

Judges make decisions based on the best interest of the child; there is no "normal" parenting time schedule because every situation is different. That said, the intent is to create an equitable (not necessarily equal) parenting time arrangement. And with young children, the thought is... Read more »

1 Answer | Asked in Criminal Law and Arbitration / Mediation Law for Michigan on
Q: How long can Florida suspend my license in Michigan for 2 non traffic misdemeanor offences? Since 2008
Brent T. Geers
Brent T. Geers answered on Feb 1, 2021

States that participate in the interstate compact will honor the restrictions / suspended imposed by the initial state.

Have you satisfied all conditions imposed by Florida? Since 2008 is a rather long time. Michigan will keep your license suspended, though, so long as Florida says it...
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1 Answer | Asked in Family Law for Michigan on
Q: If father and son have never met and father lives out of state will they force me to send them to him?

Father lives in Florida son in Michigan. Child is seven years old has never had any contact with his father. Father has lost custody of two children in the past. One is in foster care. He also has a fourth son who is in Michigan and has absolutely no rights to. He has went to jail for a csc charge... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 30, 2021

Highly unlikely. If anything, a period of time for your son to get to know this man may take place. That could be in the form of video conferencing. Then, depending on how that goes, the father may be afforded some parenting time to take place here in Michigan.

1 Answer | Asked in Criminal Law and Divorce for Michigan on
Q: I need help

Is it legal for my estranged husband to take a vehicle that is from a buy here pay here lot registration and payments / contract is solely in my name leanholder did not even know the vehicle was in a differnt state did not authorize the transport of vehicle

Brent T. Geers
Brent T. Geers answered on Jan 28, 2021

Have you filed for a divorce? Until you do, there is little anyone will be able to do for you here.

1 Answer | Asked in Domestic Violence for Michigan on
Q: Charged with domestic violence in 2008

And they dropped the charges when my husband and children left the state and now it shows up on my record but it says it's nulled how do I get that taken care of

Brent T. Geers
Brent T. Geers answered on Jan 26, 2021

What record are you looking at? It's possible and likely that an arrest record remains even when charges are dropped or expunged.

1 Answer | Asked in Small Claims for Michigan on
Q: If Someone Father in law is 19 and His son is 11 what are possible ways that could of happened and been legal.
Brent T. Geers
Brent T. Geers answered on Jan 26, 2021

Is this a riddle? The son is almost assuredly not the biological son of the father-in-law. Otherwise, the father-in-law impregnated someone at the age of 8. The son could be an older woman's son, and that woman married a 19 year old, making him the father-in-law. That scenario would be legal.

2 Answers | Asked in Products Liability and Securities Law for Michigan on
Q: My bag was stolen from a Goodwill store after they required I put it behind the counter to shop there, are they liable?

They have footage of who took it and we made a police report, but I want to file a lawsuit against their neglected security of my product after taking custody of it, am I in good standings?

Brent T. Geers
Brent T. Geers answered on Jan 26, 2021

I'm not sure what you would gain from it economically. Generally, one party's liability ends upon another party's criminal action. If there is video footage of this, I'm unsure what other security measures Goodwill could be expected to take. Further, stores are usually not... Read more »

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2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: Biological father passed. Haven’t seen the will. Brother has will and states that everything is left to him and that I

am listed as living daughter. Everything going through probate. Told me there is Exempt Property Allowance that I would be entitled in Michigan half of $15,000. He doesn’t think I am entitled because my “father” never had a relationship with me. He also says that if I take this money I will... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 26, 2021

If there is a will, it must be submitted to the probate court, from where you may obtain a copy. You are also entitled to receive copies of everything your brother files.

Now, it's possible that the will disinherits you; in which case your brother would be right. Other than that, it...
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1 Answer | Asked in Tax Law for Michigan on
Q: I taught a remote class for Penn St Univ's State College campus this fall for $9000 in compensation. I am employed full

time for another company in the State of Michigan, and I live in Michigan year round. I taught it 100% remotely over online tools. What taxes in PA am I responsible for?

Brent T. Geers
Brent T. Geers answered on Jan 21, 2021

You should discuss with a CPA or other tax professional, and you may want to consult with a similarly qualified person in PA.

1 Answer | Asked in Car Accidents for Michigan on
Q: i had to have my arm amputated due to motorcycle accident. 1 person. my ad&d was denied cuz of bac.

it was denied on 08/20/2015. is that to long ago to appeal their decision and get the compensation i paid extra for out of my paycheck? it was an 80,000 policy and i received none. my bac was only a little above the legal limit. and the way they took it was sketchy and contradicts themselves.

Brent T. Geers
Brent T. Geers answered on Jan 21, 2021

You should talk with an insurance attorney, but I suspect 1) it is too late to now appeal that decision, and 2) even if you did appeal, I would imagine the policy allows them to decline coverage when they can point to a criminal act like this as the cause.

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