Ask a Question

Get free answers to your Family Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Michigan Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: What type of motion should be filed to protect my daughter?

My ex-wife is expecting a child in two months. Our daughter who is seven is not allowed to be alone with her boyfriend via our court order. I want know if there a motion I can file to prevent my ex wife from leaving our daughter in the hands of someone not verified

James W. Kraayeveld
PREMIUM
James W. Kraayeveld
answered on Nov 21, 2024

What does leaving your daughter in the hands of someone not verified mean? Do you want a court order that your daughter may not be left in the care of any third party without your agreement? You can certainly ask for such a court order, but whether you will get such relief depends on what kind of... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on
Q: Can my son's father make me drive hundreds of miles or even out of state for his sport event?

So my order states that I have take my son to his sport event this was made when my son had jujutsu and was a 20 mins drive so my son's father now put him in wrestling a new sport which I was fine with his father went to send me the schedule and I stated to him that I had no problem getting... View More

James W. Kraayeveld
PREMIUM
James W. Kraayeveld
answered on Nov 21, 2024

Life changes and amendments to parenting time orders are common. In an ideal world, when you discussed the wrestling enrollment, you would have agreed to enrolling him with the stipulation that you'll amend the order to include a limit to how much you will drive to sporting events. At this... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Michigan on
Q: I am getting ready to file a motion to change out parenting time, can I file a temp order at the same time or ask for 1?
Brent T. Geers
Brent T. Geers
answered on Nov 17, 2024

A temporary order would likely not be appropriate in this situation. Temporary orders generally are appropriate when no order exists, and there is a need to maintain a status quo. In your situation, there sounds like there is a parenting time order - you don't like it and apparently want to... View More

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Michigan on
Q: How do I respond to a complaint to establish paternity while the plaintiff has also been charged with domestic violence?

Plaintiff has not requested any legal responsibility of the child despite multiple requests for dna and legal obligations in 3.5 years, plaintiff frequently used court as a form of threat to continue control. Plaintiff has been charged with domestic violence and is now suing me for establishing... View More

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

Paternity is separate from custody and parenting time. Until paternity is established, the plaintiff in this situation (assuming it is the father) has no legal basis to even ask for custody or parenting time. That may well be on the horizon and his intention. However, custody and parenting time are... View More

1 Answer | Asked in Child Support and Family Law for Michigan on
Q: Do you factor holiday overnights into Total overnights for a UCSO in the state of Michigan?

I get my son 104 overnights a year according to the Michigan child support formula of 37 school weeks times 4 overnights per 2 week period. In my stipulated parenting order we highlight several holidays of which I get him 11 more overnights for a total of 115. My Ex's attorney stated that... View More

Brent T. Geers
Brent T. Geers
answered on Oct 9, 2024

I think you might be right. I'm not sure though whether it makes much of a difference to the child support amount. I would suggest you run calculations with both figures. Going from 104 to 115 overnights probably won't make a substantial difference to the amount.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Am I still able to see my kids if I had given up my parental rights?

My kids are currently in the care of their Father who I have a mutual understanding with. He is more than willing to allow me to see the kids but is concerned that doing so is against the law. Am I allowed to see them even though my rights have been lost?

Brent T. Geers
Brent T. Geers
answered on Sep 12, 2024

The question more so is whether the termination has been finalized. If that is the case, then it seems there would no longer be any legal prohibitions on you seeing the kids. Depending on what allegations substantiated termination of your rights, I suppose the father could be risking CPS... View More

1 Answer | Asked in Child Support, Civil Litigation, Domestic Violence and Family Law for Michigan on
Q: Can my court appionted lawyer lie about a charge, and not answer any questions till you submit your plea to them?

My X started to hit and kick me and more. I yelled at her to stop, then I pull her hair hoping she would stop. The next day, I got arrested, officers only said I was under arrest for domestic violence. I thought when I get to jail, I would give my statement and they would that photos, no statement,... View More

Brent T. Geers
Brent T. Geers
answered on Sep 9, 2024

By your description of what happened, it sounds like the woman you spoke with at court was the magistrate who was arraigning you - not your attorney. She would have had no duty to you other than to advise you of your rights, what you're charged with, the maximum possible penalties, and to... View More

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: I would like to know if I can get Custody of my granddaughter

I am a paternal grandmother of a teenage granddaughter whose mother has custody of her and been living in terrible conditions. Right now she’s being evicted from a home she’s 3 months behind in payments. Last year she got evicted from a house with no where to go she was squatting with her 3... View More

Brent T. Geers
Brent T. Geers
answered on Aug 15, 2024

Not easily; And I'm sorry to hear the circumstances, which must be hard to see as a loving grandmother.

Unless and until the mother's parental rights are suspended or terminated, you have no real leg to stand on. I take it from the tone of your question that you do not have a...
View More

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: My ex-spouse is 3 months in arrears in payments per our divorce decree. His lawyer has quit. How do I get my money?
Brent T. Geers
Brent T. Geers
answered on Aug 8, 2024

Is this for spousal support? Are payments to be made through the friend of the court? If so, you need to contact them for enforcement procedures. If not, you can file a motion with the family court to enforce the judgment. His attorney would have nothing to do with it as its standard for the... View More

1 Answer | Asked in Family Law for Michigan on
Q: Do I have to do a home visit when my dad is the one being investigated by CPS for spanking my son?

Back in June my dad spanked my son for the first time he’s ever been spanked. It was handled in our household. A week ago my sister was venting to her therapist about family drama and the spanking was mentioned. Therapist reported it to CPS and they opened an investigation. They said they had to... View More

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

Depending on a number of factors, they could either continue to "close" the case or file a petition, with or without a request to remove the child. In the short term, they will likely continue to insist on a home visit before "closing" the case, or use your resistance as... 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

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 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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
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.

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

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

View More Answers

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.