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Michigan Family Law Questions & Answers

1 Answer | Asked in Family Law and Child Custody for Michigan on

Q: I just had a set of twins just over a month ago, the maconiam came back with just a slight trace of methamphetamin

The cps investagator says i need to do random drugscreens for 90 days and be supervised, i dont think there is a court order or warrant for this. I am not a criminal or felon, can she make me do this legally? I need to speak to a vanburen county lawyer but no money, who do i call? Help please

Brent T. Geers answered on Sep 10, 2019

You do not want to be in a position where a court is ordering you to do this. And best believe that if there is a positive test result from the birth, and CPS is involved, that would be the next thing to happen through the filing of a petition in family court. It sounds like CPS is asking you to do... Read more »

1 Answer | Asked in Child Support and Family Law for Michigan on

Q: North carolina pays for my ex wifes childcare and healthcare but i have to pay her for it through FOC is this legal?

Brent T. Geers answered on Aug 20, 2019

Yes. As part of child support, you will pay an equitable portion of child care and health care, if only to reimburse a state as may be the case here.

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on

Q: The mother of my 3 year old daughter is trying to take me to court so my daughter will no longer be able to see my

My fiancé is that even possible?

Brent T. Geers answered on Aug 20, 2019

It's possible. Especially if your fiance has any substance abuse or criminal history.

1 Answer | Asked in Family Law for Michigan on

Q: My daughter is having a baby by a man that’s married. his wife wants the visitation to be with his other 3 kids.

What rights does my daughter have?

Brent T. Geers answered on Aug 20, 2019

The most likely outcome is that the father will be entitled to parenting time according to where and with whom he deems appropriate. That means that when it is his parenting time, this new baby may be brought around his or her three half-siblings (and the wife).

To be clear, though, what...
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1 Answer | Asked in Family Law and Child Custody for Michigan on

Q: What can I do about him not being my biological son but I have been there for his whole life.

My ex just did a paternity test for my son and I and it came back I am not his father. I on his birth certificate. I have been there since day 1.

Brent T. Geers answered on Aug 20, 2019

Until there is a legal change in your status, you are the father regardless of what a test indicates. That test could be used as a basis to revoke your paternity, though.

1 Answer | Asked in Family Law and Child Custody for Michigan on

Q: To obtain power of attorney for my 2 grandchildren, does it go through court? Or can I get form signed and notarized mys

Does it have to go in front of judge. Both parents want to do this.

Brent T. Geers answered on Aug 20, 2019

You may be confusing powers of attorney and guardianship. These are two completely different animals. One is very simple and does not involve a court; the other is more complex and does require court involvement.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Michigan on

Q: Me (18) and my older brother (23) got into a fight basically a wrestling match (no punches thrown) my mom got scared

With My dad not being there so she called the police by the time they got there the fight was well over and I was given a domestic violence charge no one is dropping charges and everyone hopes for it to be expunged I have arraignment court in a week and wonder how I should handle all this

Gary Kollin answered on Aug 7, 2019

I, for one, am unwilling to spend the time figuring out what is asked when the inquirer was unwilling to write in separate sentences and expects the lawyer to decipher the run on sentence

1 Answer | Asked in Child Custody and Family Law for Michigan on

Q: I have joint legal custody of my daughter who has unilateral hearing loss. We disagree as to medical decisions...

Specifically providing her with a hearing aid (not covered by insurance). Do I have any recourse?

Brent T. Geers answered on Aug 1, 2019

Either party may file a motion with the court to have a hearing on the issue so the judge can decide what happens. If the daughter needs a hearing aid (and that doesn't sound to be in dispute), the someone should buy them, and that person would be entitled to reimbursement as a medical expense.

1 Answer | Asked in Family Law and Child Support for Michigan on

Q: Hello I have a show cause contempt hearing for child's support for a should I get a lawyer

When I go to court could I go to jail

Kenneth V Zichi answered on Jul 25, 2019

Should you get a lawyer and could you end up in jail?

Yes, and yes depending on how much is owed, and what you can do to make a dent in the debt.

Talk with a local family law attorney YESTERDAY to find out how best to proceed.

-- This answer is offered for informational...
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1 Answer | Asked in Family Law for Michigan on

Q: What do i do when my mom tells me to get out of her house and never come back everyday then says she will call the cops

I am 16 about to turn 17 in a month

Kenneth V Zichi answered on Jul 25, 2019

More details are needed. Where is your dad in all of this? If you are a minor, and your mom has sole custody of you she can't just 'order' you to move out without making arrangements for your care. She could be charged with child abandonment if she did that.

Please talk with your dad, a...
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1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Internet Law for Michigan on

Q: My Ex-wife and I that live together have been constantly harassed for 6yrs,online,public and want it to stop. How?

I divorced my 1st wife in 2012, married my current ex-wife in 2014 and my 1st ex and my daughter(18) keeps harassing in public, online, my own family now involved and all their friends. I have had cease and desist letters sent out, told them I don't want contact and they still do. Have posts all... Read more »

Kenneth V Zichi answered on Jul 25, 2019

The 'solution' would seem to be a personal protection order. Investigate that to determine if you have enough evidence to proceed with a local family law attorney.

That said, appreciate that a PPO is only a court order. If your ex continues to violate that order, it would require further...
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1 Answer | Asked in Family Law and Environmental for Michigan on

Q: I currently living with my parents and they want to kick me out of the house.

The bill is under my name. The house almost payoff. Co-owner with them.

Kenneth V Zichi answered on Jul 25, 2019

Without more detail it is impossible to provide a specific answer, and frankly, more specifics in a public forum would be inapporopriate. PLEASE consult with a local real estate attorney to review your whole situation and provide you real advice.

That said, if you are a 'co owner' it is...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on

Q: I have left my wife and we have a 2 1/2 year old daughter. my soon to be EX is keeping our daughter from me. What can I

do to be able to see my daughter before anything is filed

Kenneth V Zichi answered on Jul 25, 2019

To answer the specific question, 'make your ex talk with you to consent to something'. In other words there is nothing YOU can do before filing. It takes consent of both you and your ex.

Hire an attorney to represent you and either file a complaint for divorce or answer the complaint your...
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1 Answer | Asked in Family Law and Child Custody for Michigan on

Q: I left my wife we have 2 1/2 year old daughter. My soon to be ex refuses to let me see my daughter. I haven’t seen an

Attorney yet but will. What can I do I want to see my daughter

Kenneth V Zichi answered on Jul 25, 2019

Hire an attorney to represent you and either file a complaint for divorce or answer the complaint your wife has filed, and request parenting time in those documents. Unless and until there is either consent and cooperation or a Court Order, there really isn't much you CAN do.

Get with a...
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1 Answer | Asked in Family Law and Juvenile Law for Michigan on

Q: My 18th birthday is 9 days away, and I was wondering if I could leave home early? Would I be returned home? In Michigan?

Kenneth V Zichi answered on Jun 19, 2019

LEGALLY you aren't an adult until your 18th birthday.

PRACTICALLY a week is a pretty darn short time for you to be 'found' and returned home, and conversely a pretty darn short time to wait for you to 'make your move'.

Before you do anything however, it behooves you to look more...
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1 Answer | Asked in Divorce, Domestic Violence and Family Law for Michigan on

Q: Where does a mother of 3 go to seek financial help with a divorce in Ionia County, MI? Husband has been abusive, also.

Income is under $30k. I have been trying to help my friend to get a divorce as the situation is not good but she struggles financially. Everyone wants $3-6k down to start a divorce and she does not have the means to do so.

Brent T. Geers answered on Jun 18, 2019

Contact your local Legal Aid office. Certainly, her income will be a factor to qualify, but domestic violence is also a consideration for help. Otherwise, you may call the local bar association or the state bar association.

1 Answer | Asked in Family Law and Child Custody for Michigan on

Q: Can my fiancé's X keep me away form their daughter when all she has is supervised visits?

Last week Friday, the judge gave my fiancé temporary custody of his daughter. With mom having supervised visits. Can she make it so that I have to leave my home? I live in with him and our 2 kids?

Brent T. Geers answered on Jun 12, 2019

If she has supervised visits, quite frankly I don't see her being in a very good position to push for anything from the court. Of course she can make the argument that you shouldn't be around during her parenting time. And because you are not legally married, I think a judge would consider her... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Michigan on

Q: Can I get custody of my niece?

My niece was removed from her mom due to drugs. My brother(out of state not in the picture) is the biological father. When my niece was removed she was placed with the mothers sister. My niece has recently been removed because of the aunt had kids fighting at her house and it is an unstable... Read more »

Brent T. Geers answered on May 27, 2019

Your ability to intervene depends in part on your brother's legal status to the child. I understand that he is the biological father, but is he the legal father? It sounds like with the removal, this case may be heading toward a termination proceeding, in which both the mom and your brother's... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Michigan on

Q: Child abandoned by mother, should we worry about her coming back?

My boyfriend has had his daughter full time since she was born, he and his ex lived in an apartment in Nevada at the start and tried living life the "normal" way. Soon after (about 4 months after birth) the bio-mom started partying and not being responsible. She has a lengthy history of drug abuse... Read more »

Brent T. Geers answered on May 25, 2019

One question that needs to be addressed is why does your boyfriend's parents have guardianship. That aside, ex-girlfriend could not just show up and take the child. She could, of course, reenter the picture. But given the amount of time that's passed, and the other issues going on with her, I would... Read more »

1 Answer | Asked in Divorce and Family Law for Michigan on

Q: My husband's biological kids are in foster care currently, placed with his mother. Can a judge force me out of our home?

I am not the children's biological mother (deseased) but I have been raising them as a stay at home mom for the since they were 2 and they are now 7. My husband and I both relapsed in our addiction and they children were removed. He has stayed sober and I relapsed 3 months ago. I went into long... Read more »

Brent T. Geers answered on May 15, 2019

These situations are always messy and complex. I assume that you are legally married. You do have rights as the spouse, including the right to remain living in the marital home. HOWEVER, your husband is at risk of having his parental rights terminated. Whether the basis for that action is your... Read more »

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