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Michigan Family Law Questions & Answers
1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on
Q: Can my son's father make me drive hundreds of miles or even out of state for his sport event?

So my order states that I have take my son to his sport event this was made when my son had jujutsu and was a 20 mins drive so my son's father now put him in wrestling a new sport which I was fine with his father went to send me the schedule and I stated to him that I had no problem getting... View More

James W. Kraayeveld
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James W. Kraayeveld
answered on Nov 21, 2024

Life changes and amendments to parenting time orders are common. In an ideal world, when you discussed the wrestling enrollment, you would have agreed to enrolling him with the stipulation that you'll amend the order to include a limit to how much you will drive to sporting events. At this... View More

2 Answers | Asked in Divorce and Family Law for Michigan on
Q: I’m looking for a motion to modify divorce decree, but not pertaining to child support, custody, or parenting time

I need to file a motion to amend my divorce decree post finalization. I’m in seek of the proper form needed to file this motion. Thank you.

James W. Kraayeveld
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James W. Kraayeveld
answered on Nov 21, 2024

Most court's have a physical legal assistance center that you can visit or you can always visit the Michigan online assistance center: https://legalassistancecenter.org/

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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Michigan on
Q: I am getting ready to file a motion to change out parenting time, can I file a temp order at the same time or ask for 1?
Brent T. Geers
Brent T. Geers
answered on Nov 17, 2024

A temporary order would likely not be appropriate in this situation. Temporary orders generally are appropriate when no order exists, and there is a need to maintain a status quo. In your situation, there sounds like there is a parenting time order - you don't like it and apparently want to... View More

0 Answers | Asked in Family Law for Michigan on
Q: What could my mom have possibly done? Is what my mom did legal?

My name is Andre, im 18 years old and i stay with my father. I used to stay with my mother before me and her fell out. Before that, i had just started working at this job and she was asking for my Check stubs, i was personally thinking “im young and just started this job, maybe she wants to check... View More

0 Answers | Asked in Family Law and Education Law for Michigan on
Q: Can grandma get custody of grand kids 12 yr old granddaughter requested Parental abuse&educational neglect

I want to find an attorney for grand kids custody. Both parents have disabilities. 2018 Psych recommended the parents remain living w their parents unable to care for themselves. Physical abuse w CPS involvement both at Dad+girlfriend house and Mom and various bf . Grandson receives special... View More

0 Answers | Asked in Family Law for Michigan on
Q: can i legally move out at 17 years old
1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: What type of motion should be filed to protect my daughter?

My ex-wife is expecting a child in two months. Our daughter who is seven is not allowed to be alone with her boyfriend via our court order. I want know if there a motion I can file to prevent my ex wife from leaving our daughter in the hands of someone not verified

James W. Kraayeveld
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James W. Kraayeveld
answered on Nov 21, 2024

What does leaving your daughter in the hands of someone not verified mean? Do you want a court order that your daughter may not be left in the care of any third party without your agreement? You can certainly ask for such a court order, but whether you will get such relief depends on what kind of... View More

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Michigan on
Q: How do I respond to a complaint to establish paternity while the plaintiff has also been charged with domestic violence?

Plaintiff has not requested any legal responsibility of the child despite multiple requests for dna and legal obligations in 3.5 years, plaintiff frequently used court as a form of threat to continue control. Plaintiff has been charged with domestic violence and is now suing me for establishing... View More

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

Paternity is separate from custody and parenting time. Until paternity is established, the plaintiff in this situation (assuming it is the father) has no legal basis to even ask for custody or parenting time. That may well be on the horizon and his intention. However, custody and parenting time are... View More

1 Answer | Asked in Family Law, Child Support and Civil Litigation for Michigan on
Q: How do I find out if the person I’m involved with is the same person that is listed on a paternity claim A common name

His name is common and there is no information on the description of the person

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

If you are nearby the courthouse, you could stop in and ask to look at the file. Otherwise, what does the person you're involved with say about this?

0 Answers | Asked in Car Accidents, Libel & Slander, Personal Injury and Family Law for Michigan on
Q: If I was forced to get a ppo on my husband by a sgt officer and then my husband was hit by a car why cant i see him

truck hit him as a pedestrian his family stole my truck nd belongings nd are hidding him in the hospital refusing me the right to see him

1 Answer | Asked in Child Support and Family Law for Michigan on
Q: Do you factor holiday overnights into Total overnights for a UCSO in the state of Michigan?

I get my son 104 overnights a year according to the Michigan child support formula of 37 school weeks times 4 overnights per 2 week period. In my stipulated parenting order we highlight several holidays of which I get him 11 more overnights for a total of 115. My Ex's attorney stated that... View More

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

I think you might be right. I'm not sure though whether it makes much of a difference to the child support amount. I would suggest you run calculations with both figures. Going from 104 to 115 overnights probably won't make a substantial difference to the amount.

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: Custodial parent now has FT job vs part time like when order was completed. Will non-custodial parent CS increase?

In the state of MI, when our child support was first done, my ex (custodial parent) was only working 20 hrs or so making maybe 10-12k/yr. If she decides to get a full time job, will my (non-custodial parent) child support payment go up?? Paying just over $800 now for 1 child (age 16) that I have... View More

Brent T. Geers
Brent T. Geers
answered on Oct 7, 2024

Maybe, but probably not by much without a substantial increase in actual income. Further, it would not be uncommon for the current support order to have imputed full time income when calculated, so the switch from part-time to full-time may already be accounted for.

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: Does terminating my parental rights cancel my child support order

This is an out-of-state issue, my daughter has decided she wanted to live with her dad, so she changed domicile to Michigan. I was ordered to pay child support, however, I have no communication with her because she won’t answer my calls, text, and neither will her father. I don’t want to pay... View More

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

Unless there is a step-parent adoption, or you can get the father to agree to no support, there will be a support order. The law and public policy prohibit you from simply terminating your rights as an end-around to a child support obligation.

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for Michigan on
Q: what is my next step if i lost custody of my child and the Supreme Court won't hear my case?
Brent T. Geers
Brent T. Geers
answered on Sep 30, 2024

You should consult with an attorney and see if a federal issue is present in your case. Otherwise - and realistically - it is unlikely any court will overturn this decision.

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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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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).

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.

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.

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