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Michigan Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Can a mother leave the her kid with a boyfriend while she has visitation?

My nephews mom is on heroin with her boyfriend, we don't have 'proof' of her use only his, she gets him Thursday threw Monday but I know she's checking into a methadone clinic for the days he's supposed to be with her. She's leaving her son with her drugged out... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 17, 2020

The best course of action would be for the father to file a motion with the court.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: I would like to end my relationship with my kids' (8 yrs old and 7 mths) father and I want to take the children with me.

He's told me, if I decide to leave the relationship then the children must stay with him because we have all been living together at our apartment together for the past several years. I live in Michigan and I want to know if I have any rights being their mother. There is no custody order in... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 17, 2020

The answer to your question depends on whether his is the legal father to the children. From there, unfortunately, it may become a race to the courthouse. Unless you are married, you as the mother would have initial custody of the children. But not, do not expect the police to help in this matter... Read more »

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: My ex and I have a custody 80/20 custody agreement. He wants shared custody but he lives over an hour from their school.

The children are 5&8 and I just bought a house where the school is across the street. The kids would have to be awake by 6-6:30 to be out of the house by 7:15 to be on time at 8:30 to school. I do not think this is an acceptable arrangement but I am still worried. He’s an active father and... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 16, 2020

One step at a time....has your ex filed anything with the court? Until he does, and a judge agrees with him, the court orders remain in place. It will be hard for any attorney to give you a definite opinion without a pleading. What can be said is that if your ex wants a change, it will be his... Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Is there anything I can do to prove my child's father cannot be trusted to take care of her?

I plan on leaving my child’s father soon and I know a court battle will eventually occurr. Currently we live together and unless i ask him to do something everything is pinned on me. He sleeps well into the early afternoon daily. I have attempted to leave before and when I have I get numerous... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 15, 2020

You would have the opportunity to present evidence on what's called the Best Interest of the Child factors before the judge determines custody. However, keep in mind that the court must determine custody going forward; that he has left you to do the work because you are there is not... Read more »

1 Answer | Asked in Family Law for Michigan on
Q: My boyfriend wants to get visitation set up through the courts to see his son. How does he do that?

there isnt anything set up through the courts right now. The child lives in a different county so what county do we contact?

Brent T. Geers
Brent T. Geers answered on Sep 5, 2020

The county where the child is located will generally have jurisdiction unless a matter concerning the child was already started in another county. Your boyfriend would quite likely need to file an action where the child is now located.

1 Answer | Asked in Juvenile Law, Criminal Law, Family Law and Domestic Violence for Michigan on
Q: Can I request that my fourteen-year-old daughter be locked up at the juvenile detention facility? Just for a short time?

Recently my 14 year old daughter has been acting out doing things such as getting aggressive with her younger brother and sisters she ran away this morning when I found her I was able to get her in the car and then she began hitting me and fighting me. What are my options as a parent what can I... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 26, 2020

Unfortunately, no, unless you are wanting criminal charges filed against her - which may become your only option at some point.

If you have the resources, you should look into counseling, perhaps even inpatient.

1 Answer | Asked in Family Law for Michigan on
Q: My daughter(23) lives in Tenn. and is pregnant by a married man.

She is girlfriend to both husband and wife. Is there any legal ramifications she or the couple may face from this situation?

Brent T. Geers
Brent T. Geers answered on Aug 17, 2020

Legal ramification? Not really. It sounds like the arrangement is known and consented to by all concerned. Your daughter must understand, though, that in Michigan, a person can only be married to one other person at a time. And so she will not be this man's spouse - and will not have the legal... Read more »

1 Answer | Asked in Family Law for Michigan on
Q: How can me and my wife legally changing our wedding date if it falls on her birthday
Brent T. Geers
Brent T. Geers answered on Aug 15, 2020

Are you already married? Was the marriage certificate filed? If so, the date is the date; unless you are willing to divorce and remarry, you can't change your marriage date. Perhaps the easiest solution is the non-legal solution (which is often the case): agree to celebrate and recognize your... Read more »

1 Answer | Asked in Family Law for Michigan on
Q: I was brought up on criminal charges for Child Support My ex would like to abate the arrearages what are our options

I owe 68000 dollars She agrees to abate the Arrearages what do we do now ?

Brent T. Geers
Brent T. Geers answered on Aug 15, 2020

Your ex could only waive arrearages owed to her, not state owed arrearages. So a lot depends on the total financial situation - specifically if there is any state assistance involved. And waiving arrearages alone may not get you out of criminal charges.

1 Answer | Asked in Family Law for Michigan on
Q: My father just passed away and my sister was taking care of him.!the only things he had is a car that is still owed on

And no other assets.!my sister and I are beneficiaries of his life insurance policy.!do we still file anything in probate court.!

Tim Akpinar
Tim Akpinar answered on Aug 10, 2020

A Michigan attorney could answer best, but your question remains open for two weeks. I'm sorry for the loss of your father. You could repost your question in the Probate and Estate Planning categories. There's no guarantee that all questions are picked up, but you might have better... Read more »

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: What happens if my husband wants legal custody and to be responsible for my baby I got pregnant with during separation.

My husband and i separated for a year we have three other children but never got divorced. I moved to south carolina and was seeing someone else who got me pregnant. This guy cheated and kicked me and my three kids out of the house. I came back to Michigan with my legal husband still three months... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 1, 2020

Let's start with two simple premises: 1) while you are legally married, the husband is presumed to be the father of any child born to the wife during that marriage. 2) Jurisdiction will almost always be with the court in the county where the child is found.

So here's the easy...
Read more »

1 Answer | Asked in Family Law for Michigan on
Q: How do you file for guardianship of a minor if there is already a guardianship in place with someone else?

The individual (BIo father's ex gf) who has legal guardianship (through the courts) signed the minor over via poa in February to another individual (bio father's ex-wife) There was an altercation between the power of attorney individual and the child which resulted in the police coming... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 22, 2020

You would need to file a petition to modify the guardianship with the court that ordered the guardianship.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: In a case of temporary 50/50 how hard would it be to relocate due to marriage? Ex is very involved.

I got married and want to move to Arizona with my new husband(military). My son hasn't spent any time with new husband(would this be a strike against me?)

Brent T. Geers
Brent T. Geers answered on Jul 22, 2020

Depends on a number of factors; the burden would be on you to show the court the move is in the child's best interest. Ordinarily with a move like that, whomever the child does not stay with during the school year would get parenting time during the summer and school breaks so that is... Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Signed my rights over in 2016, now im sober 2 years and want my son more. Where do I even begin?

I signed over my rights to my son, who was 5 at the time, to his father. I was still in active addiction and when he filed for custody, I knew it was best for my son. My ex told me i would still have my rights, just not custody. He lied. All my rights were taken and I was only given supervised... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 17, 2020

It doesn't sound like your parental rights were terminated. The father has sole legal custody. What you would need to do is file a motion for specific parenting time. It's a slow and gradual process; the court is not going to immediately jump to 50 / 50 custody here. But as you make... Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: What kind of motion do I file and how?

My daughter is now 14. She has many reasons as to why she doesn't want to spend as much time with the other parent such as some emotional and mental abuse which makes it hard for her to want to go as often. Is there a motion I can file or how do I go about my daughter being able to talk to the... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 13, 2020

You'll need to file either a motion to change parenting time or custody. Please be aware that just because the child doesn't want to go, and even if her reasons are legitimate, her opinion is one of 12 factors the judge will consider.

2 Answers | Asked in Divorce and Family Law for Michigan on
Q: when i got divorced, was the judge supposed to set up visitation since the father got custody of the child
Andrew M Steiger
Andrew M Steiger answered on Jul 12, 2020

It sounds like the father obtained sole legal and sole physical custody. Generally the other parent receives parenting time to some extent unless the circumstances require otherwise.

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1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Can my husband kick me out of the house before a divorce? The property was paid off during our relationship.

We have one child together. I have two from a previous relationship. He claims I didn't contribute at all to the property payments. I work a little bit , but not full time because of the baby.

Mechelle Woznicki
Mechelle Woznicki answered on Jul 10, 2020

No, he cannot kick you out. He would need a court order signed by a judge to gain "exclusive use" of the marital home. How much you work or contribute has nothing to do with that.

If you have more questions, you can schedule a call with me on my website at https://woznickilaw.com/contact/.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: I live in southern Illinois my daughter lives in Kentucky with her dad can you help me get my rights back to my daughte

She is 14 and cry’s every night cause she hates it there and wants to be with me her mother her dad lives with his parents no job no license he’s a alcoholic and pill head my baby has to take care of her grandmother all the time cause she’s in a wheelchair she can’t be a kid she lives as a... Read more »

Mechelle Woznicki
Mechelle Woznicki answered on Jul 10, 2020

It sounds like this case might be in a jurisdiction (court) outside of Michigan. If that is the case, you will need an attorney in the state where the court is located that issued the current order.

If it is a Michigan case, I can certainly help. You could schedule a call with me on my...
Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Is it illegal for MI CPS to mislead me and withhold facts I needed to make an appropriate decision and then take my kid?

MI CPS wanted me to participate in a program that required 10 hours/week and A person from the program told me it was voluntary and later said that cps could make it mandatory & cps worker told me that if I said no that they could take me to court to force me to comply or to take my daughter.... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 7, 2020

I'm unsure what facts were inaccurate. It sounds like CPS told you either 1) do this program, or 2) we'll file a petition that could lead to removal of the child. You choose not to do the program, and so they filed a petition along with an ex parte removal order.

The question now...
Read more »

1 Answer | Asked in Family Law for Michigan on
Q: How binding is a verbal agreement between two parents when it comes to parenting time?

Both my ex and I decided to not follow the parenting time court order this summer. We verbally agreed on other arrangements. I lived up to my end of the agreement and now he refuses to. What can I do?

Brent T. Geers
Brent T. Geers answered on Jul 7, 2020

Verbal agreements are worth the paper they are printed on. You can prove them by course of conduct, and if you are successful, you may have a way toward court enforcement of the remaining agreement. Going forward, it's always best to reduce agreements to writing. People's memories get... Read more »

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