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Michigan Family Law Questions & Answers
0 Answers | Asked in Family Law for Michigan on
Q: Michigan 551.9 sec.9 states the required presence of "husband and wife" for the ceremony, can this be non-gender terms?

I will be officiating a ceremony where the participants do not want the phrase "husband and wife" present in the ceremony, preferring non-gendered terms like "partner." However, Michigan 551.9 subsection 9 indicates the mandatory presence of the terms "husband and... View More

1 Answer | Asked in Estate Planning and Family Law for Michigan on
Q: If a spouse creates a trust or will without telling the other spouse or having them sign it while married is it valid ?

A trust was created 11 days before the spouses passing trying to cut the other spouse out of a condo and pass it on to her kids even though the other spouse has contributed costs to the home . Does it matter if both spouses names are on the home deed? How does the Michigan property act apply to a... View More

Brent T. Geers
Brent T. Geers
answered on Jul 25, 2024

It very much matters whether both names were on the deed. It also matters - moreso - whether this newly created trust was funded. That would mean a deed was signed by the now deceased spouse placing the home into the trust. Even with that, the surviving spouse could elect his or her spousal... View More

0 Answers | Asked in Family Law for Michigan on
Q: I was left with no legal custody and supervised visitation at father's discretion after his attorney failed to serve me

Because I was unaware of the hearing, in my absence my deadbeat husband was somehow awarded full custody, leaving me with supervised visitation at his discretion. He was then free to take my children out of state. I'm working to file motions for modification of custody and modifications to... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for Michigan on
Q: If I am an estranged next of kin, can I walk away from handling all of the deceased property/bills/creditors?

I am not speaking with my mother. When I was, she wouldn't have a will notarized or witnessed so I don't think she has one now. She is a hoarder and I am disabled, so I don't believe I can or should have to clean anything up after she passes. What are my options in Michigan?

Brent T. Geers
Brent T. Geers
answered on Jul 23, 2024

You are not obligated to do so. Does she own her residence? Eventually so other entity (e.g., bank, city, creditors) will take over, clean everything out, etc. But don't expect anything if that's the route you go.

0 Answers | Asked in Family Law for Michigan on
Q: How do I file for grandparents rights in Cass county Michigan?

my daughter has cut all ties with me and my two grandchildren one of my grandchildren I raised mostly since birth. He has been with me and we have a very close bond.

0 Answers | Asked in Family Law and Real Estate Law for Michigan on
Q: I was in a relationship for over 8 years engaged but never got married. We are now breaking up. what are my options?

I was in a relationship for over 8 years. We were engaged but never got married. During this relationship me and my partner bought a house but my name was not on the title and mortgage but I paid half towards everything i.e mortgage, utilities, property tax etc. We are now breaking up. Can you let... View More

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: How can a father in prison stop a mother from getting his child.

I am currently in prison on several drugs related charges. I have a 4 year old child who is currently living with a family friend via POA due to the mother of my child having a no contact order on our child. The mother is currently on Felony probation on child abuse charge and obstruction of the... View More

Brent T. Geers
Brent T. Geers
answered on Jul 11, 2024

Your best course would be for whomever has custody of the child now to seek either third-party custody or a guardianship. The POA is a voluntary thing, and even with one in place, it would not prevent a parent from picking up the child whenever. Is there a CPS case pending? If so, all this would... View More

1 Answer | Asked in Family Law and Social Security for Michigan on
Q: My daugther was born after her fathers death. How do I get survivors benifits for her?
James L. Arrasmith
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answered on Jul 18, 2024

To get survivors benefits for your daughter, you need to gather specific documents and information. First, you'll need proof of your daughter's relationship to her father, such as her birth certificate. You’ll also need a copy of the father’s death certificate and his Social Security... View More

0 Answers | Asked in Child Custody and Family Law for Michigan on
Q: If a temporary court ward is sued in a civil matter, who is the legally responsible party?

There is a child in foster care who was sued (in conjunction with his grandfather) in a civil matter for one million dollars. The child’s foster parents did not respond to anything from the court so the case was defaulted and a settlement was determined for $101,000. If the child is a minor and... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: How can I limit the time my daughter is forced to spend with her when it is my ex's visitation that he isn't even using?

My ex leaves our daughter with his mother 90 percent of the limited time he has visitation. My daughter is terrified of her grandmother. The last exchange of her, the grandmother was in a minor car accident and my daughter was beyond scared because she was screaming at her and cussing at me on the... View More

Brent T. Geers
Brent T. Geers
answered on Jul 10, 2024

You can file a motion regarding parenting time, citing what you just stated here. Specifically, that he doesn't use his parenting time, shifting everything to his mother. I would help to get a copy of that police report from the state police incident.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: Do I file for parenting time or custody first
Brent T. Geers
Brent T. Geers
answered on Jul 8, 2024

If you don't already have a custody determination, you'll probably want to file for both. Just know that they are technically two separate legal determinations with separate standards. A parent can have nearly equal parenting time while the other parent has sole legal custody for example.

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: My ex wife and I got a storage unit together before our divorce, but it was only put in her name. Can I get my stuff?

My ex wife and I got a storage unit together before our divorce, but it was only put in her name. After our divorce she never allowed me access to it to get my belongings. Now she is selling my items. The things in the storage unit were not listed in the divorce. Is there any recourse for me to get... View More

Brent T. Geers
Brent T. Geers
answered on Jul 1, 2024

You are in a tough spot. Why didn't this come up during the pendency of the divorce? Presumptively, you signed or agreed as part of a hearing that everything was included and settled. As a legal matter, any remedy would be an uphill battle for you to establish. The old adage "possession... View More

1 Answer | Asked in Family Law, Immigration Law and Domestic Violence for Michigan on
Q: move to states with abusive partner (American) and kids. She put all funds in her account and wants me out, what to do?

I am writing to seek urgent legal assistance regarding my current situation. I recently moved to the United States with my wife and our two daughters. Before moving, I was the primary caregiver for our children and managed our home while also working, as my wife attended medical school.

Our... View More

James L. Arrasmith
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answered on Jun 27, 2024

This is a complex and concerning situation involving multiple legal issues. Here's an overview of some key points to consider and potential steps you might take:

1. Immigration Status:

- Without a valid visa or green card application in process, your immigration status is...
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1 Answer | Asked in Family Law for Michigan on
Q: I live in Michigan and I live with my cousin. I have an issue with my sister just popping in whenever she wants.

Normally this would not be an issue but my sister and I have a very long issue with her coming into my home when I am not around, sleeping with my man, telling my man lies and causing problems for me to come home to, leading to destruction of my relationships and moving abruptly on multiple... View More

Brent T. Geers
Brent T. Geers
answered on Jun 27, 2024

This is more a boundary issue than a legal problem. Is it your's or your cousin's house? Depending on your answer to that, you need to have a conversation with your cousin about this and whether you or they need to move out if you can't be on the same page about this issue.... View More

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: Cosmetic surgery for 17 year old with joint legal custody

I share joint legal custody of my 17 year old daughter with her mother. I just found out she had breast reduction surgery without my knowledge. It was not medically necessary. Is this ok and what can be done about this?

Brent T. Geers
Brent T. Geers
answered on Jun 24, 2024

I think your daughter being 17, there are consent issues beyond joint legal custody. I don't think you'll fair well - with the judge or your daughter quite frankly - arguing that "hey, she really didn't need this", regardless of what she thinks or felt about her breast size.

2 Answers | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Michigan on
Q: How do I have visitation revoked due to a history of substantiated CPS involvement for my children?

One situation was picked up by the state with criminal charges that were dismissed on the first day of trial due to the children and I not being present. (we were informed by Voices for Children the evening before that court was adjourned- this was untrue- court proceeded the following morning).... View More

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're in a difficult situation regarding visitation and child safety concerns. Here's some general information that may be helpful, but please note this isn't legal advice:

1. Document everything: Keep detailed records of any incidents, CPS involvement, and lack...
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1 Answer | Asked in Family Law and Estate Planning for Michigan on
Q: I am looking for an attorney that can do a codicil to my will.

When the will was drawn up. My daughter was the sole beneficiary of the life insurance. Now I want to add my son to get an equal share. It is only two hundred thousand, but I want it to be split between son and daughter.

Brent T. Geers
Brent T. Geers
answered on Jun 20, 2024

You probably don't need a codicile for this as much as you do a change to your life insurance's beneficiary designation. Unless your beneficiary designation calls for your insurance to go to your estate, the insurance company will pay out whomever is listed on the beneficiary designation... View More

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Men who own property before marriage, does it automatically become joint property if he should divorce?

Long story short, my brother owns a farm with a house on one side of the street and another house, he built, on the other side. He owned both before he married. He wants and needs a divorce. He is selling the big house and moving into the little house with the farm because she has financially... View More

Brent T. Geers
Brent T. Geers
answered on Jun 10, 2024

I think he needs to think through this from the standpoint that the properties are likely part of the marital estate that would be divided through divorce. There are exceptions to that, but then he needs to consider whether 1) those exceptions apply, and 2) whether it's worth the cost to... View More

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