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Michigan Family Law Questions & Answers
0 Answers | Asked in Child Custody and Family Law for Michigan on
Q: What do I need to do to get full custody of my daughter? Her father is in prison, lost rights to his other child

I have went through FOC and they said they can not remove his rights, who do I need to go through?

0 Answers | Asked in Family Law for Michigan on
Q: What name to sign on marriage certificate?

My daughter and I have a disagreement on what name she signs on the marriage certificate. My opinion is she signs her maiden name. She said she needs to use both her maiden name and the last name of her husband. She does not plan on changing her legal name for social security, drivers license, etc.... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Am I still able to see my kids if I had given up my parental rights?

My kids are currently in the care of their Father who I have a mutual understanding with. He is more than willing to allow me to see the kids but is concerned that doing so is against the law. Am I allowed to see them even though my rights have been lost?

Brent T. Geers
Brent T. Geers
answered on Sep 12, 2024

The question more so is whether the termination has been finalized. If that is the case, then it seems there would no longer be any legal prohibitions on you seeing the kids. Depending on what allegations substantiated termination of your rights, I suppose the father could be risking CPS... View More

1 Answer | Asked in Criminal Law, Family Law and Probate for Michigan on
Q: How do I request a copy of my competency report that has been sealed by the judge in my criminal court case?

My mom needs it to get guardianship of me.

Anthony M. Avery
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answered on Sep 11, 2024

Make a motion in your criminal case to unseal it or just get a copy of your report. However first talk to your lawyer as it might affect your criminal case.

1 Answer | Asked in Child Support, Civil Litigation, Domestic Violence and Family Law for Michigan on
Q: Can my court appionted lawyer lie about a charge, and not answer any questions till you submit your plea to them?

My X started to hit and kick me and more. I yelled at her to stop, then I pull her hair hoping she would stop. The next day, I got arrested, officers only said I was under arrest for domestic violence. I thought when I get to jail, I would give my statement and they would that photos, no statement,... View More

Brent T. Geers
Brent T. Geers
answered on Sep 9, 2024

By your description of what happened, it sounds like the woman you spoke with at court was the magistrate who was arraigning you - not your attorney. She would have had no duty to you other than to advise you of your rights, what you're charged with, the maximum possible penalties, and to... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: i have a friend who is not married and has a kid with her boyfriend. she wants to leave but he threatens to take baby

He threatens to call the cops and say she’s unfit to make sure she can’t leave. he makes her feel it’s an impossible situation to get out of. he doesn’t abuse her. she just doesn’t want to be with him anymore. What can she do. Will she be able to leave ? Does he have any parental rights... View More

Brent T. Geers
Brent T. Geers
answered on Sep 9, 2024

First things first: yes, she can leave. While he may be the legal father, the mother has initial custody.

She should prepare to leave when it is safe to do so (e.g., has some place to go).

0 Answers | Asked in Family Law for Michigan on
Q: Can the court order payments on loan in forebearance
1 Answer | Asked in Family Law for Michigan on
Q: If a court order is stamped with a date/filed on a specific date, when does the timeline start for things in the order?

Filed a motion and the order was stamped with a date. Within the order were specific timelines, such as therapy once a month, visits every two weeks. Does the month start the date the order was stamped or at the beginning of the next month. For example, order was dated, stamped and filed on... View More

Brent T. Geers
Brent T. Geers
answered on Sep 3, 2024

Your general interpretation is correct. Presumably, you had a hearing where the judge said what the order will be. You, or your attorney - or perhaps the opposing attorney - was asked to reduce it all down to writing and file it for judge's signature. Orders typically have immediate effect.

0 Answers | Asked in Child Custody and Family Law for Michigan on
Q: Can my parents legally prevent me from using my PC that I bought?

I (16 in Michigan) recently bought a desktop with money that I earned from working at my job. My parents have never let me bought a device fully under information that is completely mine before, so they have no connection to it save for how my bank account is a high school checking account under... View More

1 Answer | Asked in Family Law for Michigan on
Q: Got a strange email. It says" Find attached a case filed against you. You are required to appear in court 30 August 2024

with the attached lawsuit" The attachment is not readable. Can you explain? Tom Mooney

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

This is likely a scam. Call the court indicated to confirm, but email - absent some pretty specific exceptions - is not a proper form of service to start a case.

0 Answers | Asked in Family Law and Probate for Michigan on
Q: Regarding service. A conservator works for a law firm and is handling my parents' affairs. I am involved in litigation

I am involved in litigation with a conservator handling my parents' estate. She works for a law firm and uses two of the lawyers employed by the firm to represent her in court against me, although just one attorney has assisted her with each filing or hearing. When I am filing to the Court of... View More

0 Answers | Asked in Family Law and Child Custody for Michigan on
Q: I need to modify a current order

Shared custody 50/50 since he doesn't have a vehicle he pulled her from school after she been enrolled and saw her teacher and classmates. I want the order modified to him getting her weekends if he refuses to let her go to school

0 Answers | Asked in Civil Litigation, Family Law and Landlord - Tenant for Michigan on
Q: Can i be evicted if i pay rent but don't have a job? This Domestic ROOM lease mentions i need a job. is this unlawful?

I have chronic pain, and my girlfriend pays rent for both of us. do I have rights?

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: I’m searching for parents of a child in my care. How long does it need to be in the newspaper?
Brent T. Geers
Brent T. Geers
answered on Aug 18, 2024

How long has this been going on? Have you considered petitioning for custody / guardianship?

1 Answer | Asked in Family Law for Michigan on
Q: Does a first born illegitimate son have any rights on estranged fathers estate

First born son and father found out about each other at sons age of 36 hasn't talked or able to get a hold of father for 20 yrs. Found out by fathers second son that he died. Second son shares last name with father first son does not. Is second son legally to keep all of fathers estate

Brent T. Geers
Brent T. Geers
answered on Aug 16, 2024

Potentially no. If there is no will that mentions the first son, that son would be considered an "omitted heir", potentially entitling him to the same share of the estate as the other son.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: I would like to know if I can get Custody of my granddaughter

I am a paternal grandmother of a teenage granddaughter whose mother has custody of her and been living in terrible conditions. Right now she’s being evicted from a home she’s 3 months behind in payments. Last year she got evicted from a house with no where to go she was squatting with her 3... View More

Brent T. Geers
Brent T. Geers
answered on Aug 15, 2024

Not easily; And I'm sorry to hear the circumstances, which must be hard to see as a loving grandmother.

Unless and until the mother's parental rights are suspended or terminated, you have no real leg to stand on. I take it from the tone of your question that you do not have a...
View More

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: My ex-spouse is 3 months in arrears in payments per our divorce decree. His lawyer has quit. How do I get my money?
Brent T. Geers
Brent T. Geers
answered on Aug 8, 2024

Is this for spousal support? Are payments to be made through the friend of the court? If so, you need to contact them for enforcement procedures. If not, you can file a motion with the family court to enforce the judgment. His attorney would have nothing to do with it as its standard for the... View More

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Constitutional Law for Michigan on
Q: if I was a victim of domestic violence 3 years ago from my son's father and I have multiple photographs of The assault,

but in fear for my life never reported the abuse, then this year he called the cops lying saying i attacked him and had me arrested based on an audio recording from a fight a verbal argument when he crashed and hacked into my Wi-Fi breaking my new router but didn't have any physical evidence... View More

Brent T. Geers
Brent T. Geers
answered on Aug 5, 2024

You could try, but I doubt a prosecutor would want to charge something like.

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