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Michigan Family Law Questions & Answers
0 Answers | Asked in Family Law, Child Custody, Civil Rights and Communications Law for Michigan on
Q: How to move out at 17 in Michigan

Hiii so I am about to turn 18 in March and my boyfriend is going to turn 17 on the 15th which is five days away and my boyfriend is currently living with his grandparents but the custody got taken away from his mom because she was abusive and doing drugs. The grandparents had custody for a while,... View More

0 Answers | Asked in Family Law and Child Custody for Michigan on
Q: When can I file for abandonment in Michigan?

My child’s father has not contacted me in 5 months and hasn’t physically seen her in a year. We do not have any custody arrangement and I receive no support. He is on the birth certificate and she has his last name, I have no idea where he is.

2 Answers | Asked in Divorce, Real Estate Law and Family Law for Michigan on
Q: How can I ensure my husband can not sell our property without my knowledge as I’m not in our title or mortgage.

Sometimes I fear he sells it without me knowing before he plans to leave me, leaving me with nothing….this is anxiety but better safe than sorry

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 30, 2023

If you have no interest in the property your 'consent' is not needed to remortgage, sell or otherwise dispose of it. In the recent past when Michigan provided Dower rights to wives, that would not have been the case, but that archaic law has been repealed so, now, you're just a... View More

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0 Answers | Asked in Family Law and Child Custody for Michigan on
Q: Child's mother lives in a different state and doesn't support the child for over 3 years.

My step daughter has live with my husband and I full time for over 3 years. She has had all her schooling including preschool with us. Her mom does not financially support her, and only calls once every couple months. Her mom lives in California and we live in Michigan. The child has not saw her... View More

1 Answer | Asked in Family Law and Land Use & Zoning for Michigan on
Q: Can heir property be divided by percentage and owned separately by the family, even if the will says to be in unison?

I ask this due to certain family members getting in the way of decision making, payments etc.

Brent T. Geers
Brent T. Geers
answered on Nov 28, 2023

Yes, particularly when there is agreement to an equitable division by the heirs. In fact, typically it is wiser to do things that way, and people should plan their estates with that in mind, especially when dealing with real estate.

0 Answers | Asked in Child Custody and Family Law for Michigan on
Q: Ex Parte child custody order. Can I still see my child if order is against me? Ex boyfriend filed it.

I used to drink a lot and it got me into trouble. The last time I drank was September 9, 2023. Two days after my grandma died at home and things happened. My question is, with the order, can I still see my child? My ex bf keeps telling my child that it's up to the judge. Long story short,... View More

0 Answers | Asked in Family Law for Michigan on
Q: What does it mean when a new parenting time order says all prior orders not in conflict are still in effect?

We have a prior order that states my parenting time shall be coordinated with my work schedule. My work schedule just changed and my ex is refusing to switch days so I can have the kids on my days off from from work. I get them every other weekend, but my new work schedule has me working every... View More

1 Answer | Asked in Real Estate Law, Divorce and Family Law for Michigan on
Q: My ex is on the deed, the mortgage is in my name alone and I bought the house prior to us being married.

Per our divorce degree I agreed to pay the house till my last child was 18. At which point I plan on retiring. What can I do to make sure I don’t have to pay any more.

David Soble
David Soble
answered on Nov 23, 2023

The divorce decree is a court order that is binding on both parties. However, the mortgage will need to be paid by someone if it has not matured by the time your last child turns 18. So if the provisions of the divorce decree fail to address this issue, or does not provide that your ex- spouse is... View More

1 Answer | Asked in Family Law for Michigan on
Q: Legally, is the next of kin to a biological child, both biological parents?
Brent T. Geers
Brent T. Geers
answered on Nov 21, 2023

The next-of-kin for a minor child would be one or both LEGAL parents, which in most cases are the same as biological parents. Fathers of children born out of wedlock need to establish paternity to become the legal father. Even when children are born of a marriage, a court's custody... View More

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: My parents are living separate and I want to move back into my dads house, she wants to go back to guam though.

My parents are living separate so technically I still legally live with both since they're not divorced. I live with my mom in Michigan, I want to go live back with my dad since hes asking me too because of my mom's ignorance and my moms boyfriend always coming over to where I live... View More

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 19, 2023

In Michigan, if you are under 18 and your parents are not yet divorced, both parents still have legal responsibilities towards you. If you choose to live with your dad and your mom moves to Guam, this arrangement can be legally permissible as long as your basic needs are being met and you are in a... View More

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: A person representing friend of court lied to the judge in court. What do I do? I have proof.

We were at a motion to change child support that I filed. I emailed 3 paychecks to friend of court. They lied about what’s on the paychecks. I’m calling Monday to get a transcript of the court proceedings also for evidence.

Brent T. Geers
Brent T. Geers
answered on Nov 18, 2023

To change support, you need to meet a threshold for a change: generally, the new guideline amount would need to differ by more than $50 or 10%. So the issue you are facing is not so much the FOC worker testified to a differing amount on the checks; the issue is whether they properly calculated a... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: We are trying to see if we have a leg to stand on to restrict the other parents visitation back to only supervised visit
Brent T. Geers
Brent T. Geers
answered on Nov 16, 2023

Has there been a change that occurred after supervised parenting time ended? Supervised parenting time is not intended to be permanent, and you need a reason for the court to order it.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Is it legal to put hidden cameras in my home to collect evidence that my child's dad is abusing him without him knowing?

I am planning to leave my boyfriend (father of my 2 young children) but I intend to win majority custody. I know for a fact he is not a fit parent to have majority. I am the only one who takes care of the children's needs and he is physically abusive to them. I need to collect proof of this... View More

Brent T. Geers
Brent T. Geers
answered on Nov 14, 2023

Can you? Probably. Should you? Probably not. I understand what your intent is, but a lawyer's job is sometimes to make you aware of the unintended affects you may be unaware of.

Consider this: You leave him and file for custody alleging that he abused your child and you have video...
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1 Answer | Asked in Family Law and Probate for Michigan on
Q: My fiance died with no will. No kids. His new phone is on my plan with a significant balance. His sibling took his phone

His phone is fingerprint and passcode locked. If I pay off the balance, is the phone legally mine since it is on my account.


I have asked for the phone back since I am paying the bill. They will not give it back.

Brent T. Geers
Brent T. Geers
answered on Oct 30, 2023

This is a scenario with a legal answer and a contrary common sense approach.

If the phone is on your account, you are ultimately responsible for the balance. That has nothing to do with the sibling. Why would he or she want the phone? Have you, or could you, ask for it back? If they refuse,...
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1 Answer | Asked in Adoption, Child Custody, Child Support, Contracts and Family Law for Michigan on
Q: What would we need to do to have custody of our nephew for a while with consent from his father who has sole custody?

Father may go to set up place out of state and wants child taken care of while he makes sure about living arrangements and work. Childs mom is only allowed supervised visits if father agrees 1×/week. Mother is not a child in an adults body. We want to make sure that the mom cannot take custody of... View More

Benjamin Jeffrey Stoltman
Benjamin Jeffrey Stoltman
answered on Oct 25, 2023

What you are describing can either be accomplished through a delegation of parental authority (power of attorney) or through limited guardianship. A limited guardianship will take longer and will cost more, but offers Court oversight and protection if mom were to become an issue. A delegation of... View More

1 Answer | Asked in Family Law for Michigan on
Q: The other party in a family case is communicating with the court without copying me (and lying). What prevents this?
John Spalding
John Spalding pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 24, 2023

If by "the court," you mean they're contacting the judge directly on a matter related to the case, and if you can prove it, the other party can be sanctioned. You need to be able to prove it. Best to check with your lawyer about this.

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: I am trying to locate a legal aid attorney .for divorce

My ex is in for life prison.i am very afraid still and need to break all ties to him.the judge has given me until Nov 4th to serve the paper to him.

Brent T. Geers
Brent T. Geers
answered on Oct 18, 2023

Sounds like you've already filed for the divorce. What you need now to do is serve the paperwork. For someone in prison, that is typically done through the warden of the prison he is housed in. You certainly could look into qualifying for a legal aid attorney, but that person would have to do... View More

2 Answers | Asked in Bankruptcy, Divorce and Family Law for Michigan on
Q: How does marital property work in chapter 13 bankruptcy if only one spouse filed for bankruptcy.

Married in august 2019, brought home September 2019, he filed for chapter 13 bankruptcy in March 2023, he filed for divorce in July 2023

T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 12, 2023

In Michigan, marital property is divided equally between the spouses in the event of a divorce. However, this rule can be modified by the court based on a number of factors, including the length of the marriage, the contributions of each spouse, and the needs of the children. In the case you... View More

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