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Michigan Family Law Questions & Answers
1 Answer | Asked in Family Law for Michigan on
Q: My child is 5 years old. The father wants 50 50 custody now that he is married.he wasn't around before that..

How do I fight this .I'm a stay at home mom who was going to homeschooling my child..

Brent T. Geers
Brent T. Geers
answered on Mar 13, 2024

You fight by preparing a response to his motion and attend the hearing. You seem to have a custodial environment established. I think before a judge were to change custody, they would want to know to what extent his hasn't been around and why.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My teenage boys don't want to go to their dad do I have to send them if they refuse. Have an order in place.

They are almost 16 and 14. They don't like the atmosphere there. Don't feel wanted. They cry every time they have to go. They are quiet and upset about going. They are afraid to say something to him for fear of retaliation at them.

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

Short answer is: yes, you need to send them. Is this a new issue? What's changed? A judge is going to want answers to those questions, and at your sons' ages, the judge may want those answers from your boys in the form of an in camera interview after the filing of a proper motion.

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Civil Rights for Michigan on
Q: Can my partner's kids enter the home w/o me present, while he is in an induced coma due to a stroke w/o a living will?

I have been living with my partner 3.5 years, supporting him and the home most of it. He and his ex gf own the home. In that time his son has only been here a handful of times, his daughter none, as she wants nothing to do with him. Until 2 days after his hospitalization, in which I was served with... View More

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

You are in a very tough spot. The ex-girlfriend is a co-owner of the house and so she can evict you. I did not see you indicate that you are legally married to your partner. If that's the case, and in the absence of legal documents to the contrary signed by your partner, you have a tough... View More

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1 Answer | Asked in Family Law and Juvenile Law for Michigan on
Q: i am currently 15 turning 16 in September my dad isent in my life anymore and my mom is really abusive

i have a safe place to go but anytime i leave she marks me as a run away

James L. Arrasmith
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answered on Feb 28, 2024

I'm very sorry to hear you are in an abusive situation. No child should have to endure that, especially from a parent. Here are some suggestions that may help provide you support and safety:

- Talk to another trusted adult like a teacher, school counselor, or your friend's parents...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Michigan on
Q: Do I have a chance to still get shared custody 8 months ago my wife abandoned our home with the kids and got a ppo?

Am I screwed?

On June 11 last year while I was at church my wife abandoned our marital home and took the kids with her, the very next day she filed a ppo with a petition full of lies and false allegations about me physically and verbally abusing her (with no evidence of course) we had a... View More

Brent T. Geers
Brent T. Geers
answered on Feb 28, 2024

You sound like you are aware this will be an uphill battle. Are you screwed? No! Of big concern is why you haven't seen the kids in 8 months; is that because you never raised this issue with the court or your soon-to-be ex is just not complying with the order? I think with that amount of time... View More

1 Answer | Asked in Family Law for Michigan on
Q: Can the court make me stay with a offer that was not accepted in court and instead ordered to keep communicating?

My ex wife were in court arguing over a boat that was to be sold following our divorce. The judge asked why it hasn’t been sold and then asked me if I would be willing to buy it at $11,000, I replied yes. The judge then asked if my ex would accept that and her lawyer said they will have to... View More

Brent T. Geers
Brent T. Geers
answered on Feb 26, 2024

I think you might be stuck and here's why:

As a matter of basic contract principles, what happened is that you made an offer when the judge asked whether you were willing to buy them out. That offer wasn't accepted immediately ("...they will have to discuss and get back to...
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2 Answers | Asked in Family Law for Michigan on
Q: My husband whom I am not living with anymore recieved a state of Michigan check. He will not give me any funds.
James L. Arrasmith
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answered on Feb 23, 2024

If your husband received a State of Michigan check and refuses to share the funds with you, you may have legal options to pursue your share of the money. However, whether you are entitled to a portion of the funds depends on various factors, including your marital status, any existing legal... View More

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1 Answer | Asked in Family Law for Michigan on
Q: How do I sign away my parental rights in Macomb Michigan? What forms do I need to fill? My child’s mother agree as well.

I don’t want to be involved at all

Brent T. Geers
Brent T. Geers
answered on Feb 17, 2024

Not that easy; And doesn't matter that mother agrees. The state does not allow a parent to simply say "I'm done" except through a proper adoption proceeding or an abuse / neglect proceeding that results in termination of parental rights.

If the child's mother is...
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1 Answer | Asked in Family Law for Michigan on
Q: Can my grandparents kick me out of there house if my mom is living there and she’s my main caretaker I’m 16

My grandpa is the one trying to kick me out

James L. Arrasmith
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answered on Feb 23, 2024

As a minor, your legal rights regarding housing and eviction may vary depending on the laws in your specific jurisdiction. Generally, minors have certain protections under the law, particularly if they are under the care of a parent or legal guardian. Since your mother is your main caretaker and... View More

2 Answers | Asked in Family Law and Immigration Law for Michigan on
Q: What steps are needed for a U.S. citizen to marry an ecuadorian?

This is probably a long shot to get help but I want to marry my Ecuadorian fiance in Ecuador. I understand some of things I need to do before we marry but from one person says I need to become an ecuadorian citizen and get a cédula. Another is my fiance has two daughters and he needs a sworn... View More

James L. Arrasmith
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answered on Feb 21, 2024

Navigating the process of marrying a foreign national can indeed seem daunting, but it's essential to gather accurate information to proceed smoothly. Firstly, you typically do not need to become an Ecuadorian citizen to marry in Ecuador. However, you may need to fulfill specific requirements... View More

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3 Answers | Asked in Immigration Law, Child Support and Family Law for Michigan on
Q: Does having debts or is behind on child support hinder in the acceptance of a marriage or fiance visa?

I have an ecuadorian boyfriend and we wish to marry but one,we can't decide between the marriage or fiance visa and two, will his debts give him a denial. Also the marriage visa asks for a beneficiary/sponsor and is that necessary? Can I be his sponsor? I'm a little overwhelmed and... View More

T. Augustus Claus
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answered on Feb 7, 2024

In the context of U.S. immigration law, especially for Michigan or any other state, having debts or being behind on child support can impact the application process for a marriage or fiancé(e) visa, but not always directly in terms of eligibility. The primary concern for these visa categories,... View More

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1 Answer | Asked in Divorce and Family Law for Michigan on
Q: I have a question about removing a non biological father from the birth certificate in Michigan

Me and my girlfriend at the time were both at the end of getting divorced? Before the divorce was finalized my girlfriend ending up getting pregnant and delivering our daughter. Since she was still married to another man legally his name was put on the birth certificate. He lives in Texas and... View More

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

You will likely need to file a motion in the family court with jurisdiction here in Michigan. Preferably, you can have the non-biological father stipulate to the set of facts.

1 Answer | Asked in Adoption, Constitutional Law and Family Law for Michigan on
Q: May an adult sue a parent for lying about their paternity in federal court?

My biological parent told me not to tell her that he was my dad because she would get mad. He's now deceased we never had a relationship because of her selfishness. She had her husband adopt me and although I put my birth name on my children birth certificate application my adopted surname is... View More

James L. Arrasmith
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answered on Jan 26, 2024

Yes, it is possible for an adult to sue a parent in federal court for lying about their paternity, but there are some key considerations.

The legal grounds would be something along the lines of intentional infliction of emotional distress or fraud. Lying about biological paternity could...
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1 Answer | Asked in Child Custody, Civil Rights and Family Law for Michigan on
Q: Do I need to retain a civil rights attorney or file for grandparents custody or both? In what state?

I had my innocent and now scared and confused baby girl while traveling through MIchigan. All family and myself live in Ohio. Hospital said she had withdrawals 10 days after birth conveniently once cps went there. they Took temp custody. Did not offer any other option but foster care. After 6... View More

James L. Arrasmith
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answered on Jan 24, 2024

Navigating a situation involving child custody and child protective services across state lines can be complex and emotionally challenging. In your case, involving both Michigan and Ohio, it's essential to understand that child custody and welfare cases are generally governed by the laws of... View More

1 Answer | Asked in Divorce, Child Custody, Child Support, Civil Rights and Family Law for Michigan on
Q: Re on case papers on a dm case number what does that mean?
James L. Arrasmith
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answered on Jan 21, 2024

In the context of a legal case, "re" on case papers with a docket number typically stands for "regarding" or "in the matter of." It's used to indicate the subject or nature of the case. So, when you see "re" followed by a case number, it signifies that... View More

1 Answer | Asked in Estate Planning and Family Law for Michigan on
Q: When Trusts are created in Michigan, can it exclude spouse as being a beneficiary of property purchased during marriage?

Spouse had revocable trust and the other (excluded) spouse was not on the purchased property deed.

Along this same line, can the trust assign a beneficiary, other than spouse, on large purchase items purchased after they were married?

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 17, 2024

Spouses have the ability to eject ‘against a will’ and challenge being omitted from an estate plan absent a valid pre-nuptial or post-nuptial agreement.

This CAN be done, but it is complex and fraught with danger and may not work 100% of the time.

A local licensed estate...
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1 Answer | Asked in Estate Planning and Family Law for Michigan on
Q: Question: daughter owes me $3,000.00, clear debt for zero inheritance

I'd like to clear my daughters debt to me and not go to small claims court, and in return she will receive no inheritance when myself and wife pass. Can this be done legally ..

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 17, 2024

Yes, and you could simply cut your daughter out of your Will without ‘hooking’ it to the debt, but to try to do anything like this without an attorney explaining the pros and cons for YOUR situation and drafting documents to accomplish the goal is playing with fire. For example, if you ‘write... View More

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Michigan on
Q: An email from opposing counsel to my counsel shared docs of illegal activity by their client. Can I share with police?

My ex & his wife record my convos w/my daughter while she's w/them. Is this eavesdropping? They shared the docs w/date/time/length/and summaries w/their lawyer who shared w/my lawyer & he shared w/me. Can I file with the Michigan State Police - criminal since they shared?Opposing... View More

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

What does your attorney say about it? Presumably, he or she saw the same documents. You should not do anything without their advice as it may unintentionally impact your present case.

1 Answer | Asked in Child Support and Family Law for Michigan on
Q: Child support- are they required to impute income at 35 hours per week if a person isn’t working that many hours?

The friend of the court imputed it during a review. Is that appropriate? It wasn’t the finding of the court

T. Augustus Claus
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answered on Jan 3, 2024

In child support cases in Michigan, if a parent is not working the standard 35 hours per week, the court may impute income based on the potential earnings of that parent. The court typically considers factors such as the parent's work history, qualifications, and the local job market. If... View More

1 Answer | Asked in Contracts, Family Law and Immigration Law for Michigan on
Q: how do i sue my sponsor?

my wife was recently arrested for dv and the judge issued a no contact order. the charges lead to her family blaming me and now they refuse to help me with the bare minimum. they are also trying to force me out of the country before my wifes trial where i wish to attend to help my wife.

My... View More

James L. Arrasmith
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answered on Jan 1, 2024

In your situation, where you feel that your rights under an immigration sponsorship agreement are being violated, it's important to understand the legal obligations of a sponsor. When someone sponsors an immigrant, they sign an Affidavit of Support, which is a legally enforceable contract with... View More

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