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Michigan Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Michigan on
Q: Can a legal guardian leave their child in a country abroad if that child has no legal relation to anyone there?

I am 15 years old and have been living in Morocco for a little over a year now. I got here in early October. My guardian has been heavily abusive, both physically and verbally. She takes advantage of us not being in america and has cut my communication with everyone. I have no means of talking to... Read more »

Brent T. Geers
Brent T. Geers
answered on Nov 30, 2022

Without knowing all relevant details, it's hard to say. By your question, I assume you have US citizenship. If so, you may want to try contacting the US embassy or consulate.

0 Answers | Asked in Criminal Law, Domestic Violence, Family Law and Child Custody for Michigan on
Q: Could a pregnancy effect me getting my two youngest back from my abuser?

I found out my abuser molested my two oldest (they told their therapist and I found out because she asked me if it was something already being investigated), and I'm opening a case to try to get them back. He made me look crazy in court, which is how he was granted custody even with evidence... Read more »

1 Answer | Asked in Child Custody for Michigan on
Q: My Son is incarcerated, his ex is being investigated by CPS. MDHHS had a team meeting w/out him. Is this legal?
Brent T. Geers
Brent T. Geers
answered on Nov 26, 2022

Probably. Your son should have been appointed a lawyer, who may have participated in the team meeting.

0 Answers | Asked in Family Law and Child Custody for Michigan on
Q: Michigan custody laws - are petitions required by law to include UCCJEA affidavit?"

Was served out of state by ex who is in Michigan. Claims Michigan has jurisdiction but didn't include a UCCJEA affidavit with the documents I was served. Would also like help as to responding correctly to his "verified statement."

0 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Michigan on
Q: How can I get an emergency expart?

I am currently fleeing from domestic violence. I want to protect my kids. I want to make sure their Father can't take them from me. We are currently living in a womens shelter for domestic violence. Their father is threatening me with a lawyer. The kids and I are scared of him.

1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on
Q: My ex makes me do all drop off and pick up.

The custody order does not specify who is responsible for pick up or drop off. She refuses to be helpful for pick up or drop off. If I pick up my son, and state that she is able to come pick him up whenever she can, is that illegal if she has majority? I am not telling her she cant access him I am... Read more »

Brent T. Geers
Brent T. Geers
answered on Nov 5, 2022

You will need to address the issue with the Maryland court if there is no agreement on the issue.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Will judges/ref look @ & really consider proofs of texts/pic’s of “parent” lying/denying visits/making excuses?

No established custody yet, (new case in court) parent holding twins finds any & every excuse & lie to avoid parenting time & makes threats if others voice opinions on social media also changes what’s allowed at PT. Ref did not say it was supervised but they are saying no other way... Read more »

Brent T. Geers
Brent T. Geers
answered on Oct 28, 2022

Possibly. But as I'm sure you know, nothing is going to happen unless and until a judge hears these issues and makes an order that can be enforced. Until then, your daily calls and messages to the other parent will likely continue to be ignored, and could actually backfire on you.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Michigan on
Q: What is a red flag 2 a judge/ref w/case of CPS/criminal histories? Do other agencies investigate & report back?
Brent T. Geers
Brent T. Geers
answered on Oct 28, 2022

A CPS history will always raise a red flag. Criminal histories? Possibly, and depends on when and what happened.

A judge's concern is always the best interests of the child, and will interpret any CPS or criminal history with that in mind. It's not uncommon for BOTH parents to...
Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Michigan on
Q: I'm seeking answers on how to get custody of my grandchild.

My grandchild is 5 years old an I've been his care giver his whole life, his parents are not suitable to take care of him an I'd like to take full custody since he lives with me majority of the time.

Brent T. Geers
Brent T. Geers
answered on Oct 26, 2022

You should look into guardianship.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Identity Theft for Michigan on
Q: How can I get my name cleared after someone used my identity to make a false CPS report against my grandsons father?

It came to my attention by way of my daughters FOC case that I was being accused of making a false CPS report against my grandsons father. After doing a FOIA request to find out what this was I received the police reports along with 7 pages of a CPS LEN, all unredacted, and my name is listed as... Read more »

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

I'm unsure what you are asking. If your concern is that a call you made was reported inaccurately, that's one thing. If you're saying you never made a call, then that's a whole other thing.

The information you received through FOIA are reports, which are always subject...
Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Michigan on
Q: If a referee says…. gonna check in2 CPS & criminal investigations do they contact previous ppl associated w/case history

Do they contact family or fosters… previous witnesses if a story doesn’t match?

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

More likely, referee will simply review the CPS and criminal investigation reports, and may contact those agencies for a status update. Judges and referees are not police or investigators so they are not going to be contacting witnesses directly.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Hi I have sole physical custody parties have joint legal custody there's 0 over nights unless parties agree

Do I have to let him see his son? Is one question or can I tell him to take it court? He's been threatening court for 7years my son has been with me 7 years never left my side he's home schooled. The father smokes weed 24/7 found out he's been taking subtonin I forgot how to spell it... Read more »

Brent T. Geers
Brent T. Geers
answered on Oct 13, 2022

You can certainly tell him to take you to court. If what you're saying about him is true, there sounds like quite a bit of stuff he should work on before spending time and money going to court, but I suppose that's his decision.

Just know, though, that many judges don't look...
Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My daughter is 12 she’ll be 13 in three months She don’t want to go to her dad house so I have to make her go

I am waiting on a court date to modify parenting and I am asking to modify parenting time because my daughter doesn’t want to go over her dad house all the time and she doesn’t like how he’s been treating her or the things he have said about me to her I hate having to make her go and here... Read more »

Brent T. Geers
Brent T. Geers
answered on Oct 1, 2022

You are doing the right thing by filing the motion. Perhaps there is something negative going on that your daughter is afraid of disclosing. Still, your duty is to comply with the parenting time order and continue facilitating her relationship with her father. Typically in these situations with a... Read more »

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 Divorce, Family Law and Child Custody for Michigan on
Q: Moving to another state to file divorce?

I am currently in a terrible marriage and would like to get divorced (living in MI) but i have no where to go or any financial support other than my family who lives in UT, my plan is to move to UT with my child and file for divorce, is there a certain way i should start this process?

Kyle J. Bristow
PREMIUM
Kyle J. Bristow
answered on Sep 21, 2022

You should immediately and privately consult with a lawyer in Utah to inquire about the state’s requirements to file for divorce. Many states have a waiting period for new residents before someone can file for divorce. Also, if your spouse has no connection to Utah, then an Utah court would not... Read more »

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 Family Law and Child Custody for Michigan on
Q: As the mother of my one year old son, am I legally allowed to move to a different state while the father is in prison?

Hey there.. The father of our son whom is in prison will constantly threaten to evict our son and I out. He is in prison for 3-15 years. It would also be helpful for the steps I'd have to go through.

Brent T. Geers
Brent T. Geers
answered on Sep 1, 2022

Is there a current custody case? Best steps would be to file a motion seeking the court's permission.

1 Answer | Asked in Child Custody for Michigan on
Q: In Michigan when a child's parents go to split never married who has custody can mother leave relationship with child?

Father is trying to isolate child telling mother she can't have him will never get custody and can't move out with her son

Brent T. Geers
Brent T. Geers
answered on Aug 5, 2022

When not married, the mother is presumed to have custody of the child - particularly so when there is not an affidavit of parentage on file or a paternity determination naming the father. The mother can leave with the child. A father can file always file a custody complaint and argue the 12 Best... Read more »

1 Answer | Asked in Child Custody and Civil Litigation for Michigan on
Q: Why do attorneys think that $300/hr is 'running a business'. They are just taking advantage of people in need.

Civil attorneys are hard to find. Where can I find one in detroit metro, michigan.

David Soble
PREMIUM
David Soble
answered on Aug 4, 2022

A majority of lawyers are no different than doctors, accountants, or other licensed professionals. They are in business for profit. Fortunately, there are resources through the Michigan State Bar Association for a referral to an attorney or legal aid society who may be able to assist at a... Read more »

1 Answer | Asked in Child Custody and Civil Litigation for Michigan on
Q: I believe I have as good a case against another individual as ever existed. Why will no attorneys take it?

How do I find an attorney more interested in law than collections?

Brent T. Geers
Brent T. Geers
answered on Aug 3, 2022

The short answer is that you're biased...and it's perfectly normal to be biased to your own matters.

I assume you are not an attorney. You're looking at the matter like any other person would: "I feel like I was wronged in some way, shape, or form". An attorney...
Read more »

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