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Michigan Family Law Questions & Answers
0 Answers | Asked in Child Support and Family Law for Michigan on
Q: If the mother is remarried living in Florida as a stay at home parent; how would FOC determine child support?

We have shared custody summers Christmas and spring break with me in Michigan. The rest of year in Florida with mom. Her and her husband own a business, so she stays home and doesn’t work. I was not ordered to pay child support at the last hearing, now she has requested a review. How will the... Read more »

1 Answer | Asked in Probate and Family Law for Michigan on
Q: I need to know what paperwork I need to file to get guardianship of my developmentally challenged 32 yr old daughter.

My daughter has been on SSI sense age 16 and is cognitively impaired . Her mom is her payee because she is incapable of handling her own finance's, she is being manipulated by a boyfriend that she's had for about 4 months now and he wants control of her finances and they are both addicts... Read more »

Trent Harris
Trent Harris
answered on Mar 27, 2023

If you are the parent of someone who is unable to handle his or her own affairs, you can file a petition for guardianship, and if there are assets that need protection, you can also file a petition for conservatorship. A guardian and conservator is someone who is appointed by the court to be... Read more »

1 Answer | Asked in Family Law, Probate and Child Support for Michigan on
Q: If there is a guardianship (full) order in place that lists a father but he isn't on the birth certificate what happens

I have guardianship of my grandson and there isn't a father listed on his birth certificate but there is on the guardianship paper work. Will they go after this person for child support or will they try to establish paternity first?

This is a follow up question to a question I asked... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 23, 2023

If the government is going to be on the hook you bet your booty the government is going to be trying to get the father to pay support.

To do that they will need to prove paternity in some way. (You don’t have to pay to support some stranger’s kids after all and momma’s baby,...
Read more »

1 Answer | Asked in Family Law and Probate for Michigan on
Q: What happens if there is no father listed on the birthcertificate and I get Medicaid for my kids? (michigan)

I am the guardian of my grandkids and I would like to get them switched to my Medicaid case. I know that they will go after the mother to pay for child support, but what about the dad if there isn't one listed? There is a dad listed in the probate case but he isn't on the birth... Read more »

Brent T. Geers
Brent T. Geers
answered on Mar 23, 2023

The state will probably seek paternity and a support order on the child's behalf.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: In a custody case does child have to testify if one parent subpoenas them
Brent T. Geers
Brent T. Geers
answered on Mar 20, 2023

No. And in fact, the court conducts in camera interviews with children in custody disputes; they do not testify in open court.

0 Answers | Asked in Family Law for Michigan on
Q: What are the ramifications of an ex spouse refusing to follow a court ordered divorce agreement?

My divorce was final November of 2020. As part of the divorce agreement I had to refinance my vehicle to get my ex husband off the loan and title of the vehicle. The car was financed and titled in Ohio when I bought it and I have since moved back to Michigan. I refinanced my vehicle as per the... Read more »

0 Answers | Asked in Family Law for Michigan on
Q: If a child is 18 but still in school. Can they move out without parents consent and drop out of highschool

Child is 18 wants to move out and bounce from friend to friends. But is still in highschool. What legally can a parent do.

0 Answers | Asked in Child Custody and Family Law for Michigan on
Q: should I file for custody?

CPS or Huron county won't do anything, my ex has had 4 CPS cases against him in 6 months for, neglect, abuse, and medical neglect, they have more than enough to take the kids out of the home. I have paperwork to file for custody, I need a lawyer.

2 Answers | Asked in Family Law, Real Estate Law and Estate Planning for Michigan on
Q: Father passed away and my mom is still alive but her name isn’t on the deed but my older brother is on the deed.

How do we transfer ownership to my mom, then her children in the future and avoid probate?

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 1, 2023

IF the facts are correct and complete (HOW was your brother's name 'on the deed'? With full rights of survivorship? Some other way? You need to run this by a licensed attorney!) your BROTHER needs to transfer the house to your mother, and either at the same time or afterward she... Read more »

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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Can a supervisor pos as a caseworker just to get your children taken away when three attempts were already made by three

Three different caseworkers and unsuccessful found out that one of them even admitted that she tampered with my drug screen and now this one was acting as if she was my friend and telling me that she was going to tell the judge I was doing everything right then I was supposed to go to a meeting... Read more »

Brent T. Geers
Brent T. Geers
answered on Mar 1, 2023

Her being a supervisor is not your issue. You need to focus on addressing the allegations.

1 Answer | Asked in Divorce, Family Law and Tax Law for Michigan on
Q: What can i do?

I have two kids 17, and 18. I am divorced, my ex and I have 50/50 custody. My house is the kids primary residence. My kids are both in school and live at home. We have an agreement that we each claim one child when filing out taxes. She claimed both this year. She claims it's her right,... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 4, 2023

If you and your ex-spouse have a written agreement regarding claiming your children as dependents for tax purposes, and your ex-spouse violated that agreement by claiming both children, you may be able to resolve the issue by taking the following steps:

Talk to your ex-spouse: Start by...
Read more »

1 Answer | Asked in Family Law and Juvenile Law for Michigan on
Q: My nephew is 17 and has been living with me for almost 3 months now. Can he live with me permanently if he wants to?

My nephew and his mom's relationship is toxic and he has done a 180 in school now that he has been living with me, my husband and his cousins. He does not want to go back and he is safe with us. He has been sleeping on the couch for now but we are in the process of turning the spare room into... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 26, 2023

Have you looked into guardianship? Practically speaking, if the mom is not raising an issue, and him being 17, he can stay as long as you'll have him.

1 Answer | Asked in Family Law for Michigan on
Q: If I have been with my child’s father will he still have to pay child support ?

I have been with my child’s father for about 6 years now , I was on state assistance when I was pregnant but I had that I was living with him . I recently moved back to Michigan where I gave birth and I tried to reapply for assistance and I was told to contact child support office before I could... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 22, 2023

Hard to say, but having a child is exactly why the state directed to to the Friend of the Court. You cannot receive assistance without a child support order or having his income taken into account for assistance.

2 Answers | Asked in Contracts and Family Law for Michigan on
Q: Are text messages contractural in a personal relationship?

I was involved with a man who was in the process of divorcing his wife (Have Court Docket). We've known each over 20 years and became personally involved for about a year. Within 20-25 days of receiving a handwritten note of love and devotion, he abruptly returned to his marriage... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 21, 2023

The first problem is that the state of Michigan abolished the cause of action for breach of promise to marry. The second problem is that the other contracting party is married. I expect that the court would find that his contract to marry someone when he was already married is against public... Read more »

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1 Answer | Asked in Immigration Law, Child Custody and Family Law for Michigan on
Q: Hi I been married to my Indian husband who is a green card holder for 4 years we have a 2 year old son recently he's

Been threatening to take my son away and leave with him to India so his parents can raise him. My son has never met them people yet my question is IS THIS POSSIBLE CAN YOU TAKE MY SON WITHOUT MY

PERMISSION? 2nd question is IF I DIVORCE HIM WILL HE HAVE TO GIVE ME SPOUSAL SUPPORT &CHILD... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Feb 25, 2023

It is not legal for your husband to take your son without your permission. As a parent, you have the legal right to make decisions regarding your child's custody, care, and control. If your husband takes your son without your consent, it could be considered parental kidnapping, which is a... Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My ex wife has sole custody but i have the kids about 40% of the time.

My ex wife has sole custody but i have the kids about 40% of the time. She is leaving the country for 2 weeks and plans to leave the kids with her mom during her parenting time. I am not comfortable with this and I would like to know my options. The kids already mentioned that they will be sleeping... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 11, 2023

You can file a motion to address this parenting time situation or file a motion for a change of custody.

Just know that with her having sole custody, it's you that needs to do the pulling and pushing here to make change.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: How do I get my kids back after I went to jail an lost them
Brent T. Geers
Brent T. Geers
answered on Feb 5, 2023

Too broad of question to answer effectively. Did you go to jail, prison, or both? How long? Were your parental rights terminated, or was custody just changed to the other parent?

If your parental rights were not terminated, you have an uphill climb, but you'll want to work with an...
Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My son and his ex are having issues about their daughters Dr. The mother agreed to a pediatrician and 4 months later cal

Called the Dr and cancelled her appointments already scheduled and said she wanted everything transferred to the mother's family Dr. He obviously says no but she is doing it anyway. They have joint legal custody. Can she be seen by both of the Drs since this will never get resolved unless he... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 4, 2023

Your son has the same rights as the mother. Both parents should be informed of all doctors appointments. When it comes to contrary forms of treatment, that's when things get hairy. Ultimately, a motion may need to be filed so the court can order a particular doctor, or in extreme cases, one... Read more »

2 Answers | Asked in Juvenile Law and Family Law for Michigan on
Q: Can a probation officer remove the siblings of his client (my son)? He was the offender younger kids were victims.

My son is being convicted of CSC 1 and 2 counts CSC 2. The victims in the case are my younger kids. My younger kids are worried that they are going to be removed from the home. And the probation officer just scared them today by just showing up. So I was just wondering if a probation officer... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 1, 2023

The probation officer can't, but as Mr. Zichi indicated, CPS can. The probation officer can ensure that your son is not in the residence or having contact with your other children. This is likely already ordered as part of his pretrial release conditions; probation officers are charged with... Read more »

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1 Answer | Asked in Family Law and Child Support for Michigan on
Q: Can I be held in contempt and put in jail for back child support when my only income is SSI.
Brent T. Geers
Brent T. Geers
answered on Jan 20, 2023

Yes. But generally the dependent portion of your SSI serves as the child support payment.

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