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Michigan Family Law Questions & Answers
1 Answer | Asked in Contracts, Family Law, Child Support and Collections for Michigan on
Q: What can you do when the judge lies to you and your court appointed attorney does nothing

I had an attorney that was going to handle my case pro Bono and the judge said that they could not do it because I was not a resident of the state of Michigan but how can that be true if I am in court in that state my lawyer would have to be licensed in that state

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 7, 2024

You can be hauled into court in Michigan even if you are not a Michigan resident. If you are not a resident, according to the judge, you are not eligible to have a court appointed attorney.

2 Answers | Asked in Contracts, Family Law, Child Support and Collections for Michigan on
Q: When it is the state that is in court as the plaintiff how can that case be tried as not to be impartial to the state

How can the friend of the court enter you into a contract without your consent and don't you have the constitutional right to contract or not to contract

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 7, 2024

Apparently, you are a New York resident who has an open child support case in Michigan and appeared in a Michigan court. I assume the State of Michigan was the complaining party. Under the child support laws of all 50 states, as required by federal law, each state has a state agency to collect and... View More

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1 Answer | Asked in Family Law for Michigan on
Q: 1st hearing, shouldn't I of received, evidence against me, medical orders, statements, disclosure? Paperwork?
Brent T. Geers
Brent T. Geers
answered on Apr 1, 2024

Not necessarily. Is this a custody or divorce case? If so, the 1st hearing is usually to establish a temporary order: figure out what's going on and how to keep things from getting worst. There's usually a lot of discovery and exchange of evidence left to do.

1 Answer | Asked in Contracts, Family Law and Real Estate Law for Michigan on
Q: I currently live with my boyfriend in a house that he solely owns. We do not want to marry. I recently sold my home &

have been thinking of making some major renovations to his home. However, I want to ensure my investment is protected in case he dies, we separate, etc. What is the best option to accomplish this? Note, he is in full agreement of us having some type of legal document to protect both our interests.

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

Best option would be to put your name on the deed as a joint owner. That way, even if you separate, you would be entitled to a portion of the proceeds upon sale of the house. Another alternative would be for him to complete an estate plan, and preferably a lady bird deed naming you as the... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Civil Rights for Michigan on
Q: I want to sue my husbands ex wife and sisters for attacking me in 2018 when I was 5 weeks pregnant. He has autism

I was verbally and physically attacked by my husbands sister and his ex planned it even omitted to it. She even began rumors saying I was a homewrecker causing more stress. She even attempted to have me assaulted with wine bottles by her cousins two them and yes she drove the car. I want to sue... View More

James L. Arrasmith
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answered on Mar 28, 2024

In situations where you've been subjected to physical and verbal attacks, pursuing legal action is a pathway many consider to find justice and potentially deter future incidents. Your desire to sue for the distress and harm caused, especially during a sensitive period like early pregnancy, is... View More

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Michigan on
Q: Is their common law marriage or cohabitation rights in Michigan?

My father is 84 years old in the early stages of demensia/Alzheimers. He has a girlfriend (58 yrs old) who has lived with him for approximately 6 years. If my father goes into a nursing home or passes what rights will she have, if any? To my knowledge, he has a will that my mother and him put... View More

Douglas E. Kuthy
Douglas E. Kuthy
answered on Mar 27, 2024

There is no such thing as common law marriage in MIchigan. There are no rights obtained from co-habitation. You appear to be on the right path but I would suggest that you also have a complete estate plan prepared for him including a trust while he is still competent enough to know what he is... View More

1 Answer | Asked in Child Support and Family Law for Michigan on
Q: Does friend of the court charge for their services? Should child support received be the same as amount deducted?

Does employer have to send income withholding amount in a certain amount of time? If they don't what can I do? How come amount deducted isn't the same as amount received?

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

There is a fee for services, which is why the amount deducted doesn't match the amount received. Your employer must comply with the income withholding order timely. But ultimately you are responsible for the entire amount owed.

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Other than the summons and complaint which papers do I serve my ex. Very overwhelmed
Brent T. Geers
Brent T. Geers
answered on Mar 21, 2024

See if your county or courthouse has a legal assistance center that can advise you on this. In many places, a packet of papers are available complete with instructions.

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Family Law and Child Custody for Michigan on
Q: I called 911 because my camera caught a ex touching my daughter I showed police who stated it look to be a relationship

He lost my phone and now are adopted out my kids this happened August 2023

James L. Arrasmith
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answered on Mar 20, 2024

I'm so sorry you're going through this incredibly difficult situation. Losing custody of your children due to suspected abuse must be devastating, especially if you believe there has been a misunderstanding. A few thoughts:

- If this happened very recently in August 2023, you...
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1 Answer | Asked in Family Law and Child Support for Michigan on
Q: Arbitration and modification of child support

I have a high conflict custody case that has been going on for 2 and a half years with no end in sight. My original lawyer told me to agree to an arbitration because it would be cheaper but my legal fees have already superseded $200000. That arbitrator order me to pay child support for $1900 a... View More

James W. Kraayeveld
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James W. Kraayeveld
answered on Mar 18, 2024

Have you had a local attorney do a case review for you? Your notes do not provide sufficient information for me to assess why you are still stuck dealing with the arbitrator? On the one hand, it seems that you received a final custody order, and that often ends the order to arbitrate; on the other... View More

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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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

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.

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