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Michigan Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for Michigan on
Q: I have a divorce trial coming up. And I was just wondering if I could have witnesses?
Brent T. Geers
Brent T. Geers answered on Jan 27, 2020

You can, although any witnesses you choose should have relevant and unique information. You do not need, and the judge will probably not allow, 10 people each saying that you're the best person they've ever known. More importantly, each witness must be able to testify about facts they have personal... Read more »

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: Child stays ot w/mom. Court wasn't informed. Mom and child stay with mom friends. Child has no room, or bed.

Child comes over for visits, dirty and unkempt. Has told us she doesnt have a room or bed, sleeps on a couch, also that the place had bedbugs, hence no bed, and the ceiling where she sleeps, caved in, where her and the mom stay.. Now mom is asking for more money... Dad is on CS, what are his... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 27, 2020

First step sounds like to get a motion together to present to the court the exact circumstances in which this child is living. The child support issue will be addressed through that.

1 Answer | Asked in Child Support and Family Law for Michigan on
Q: What are the guidelines, if any, regarding what child support funds are to be used for?

Divorce was final Nov 2017... I get approx. $50/week for 3 kids... his income is roughly 33% more than mine... for 2 + years, we have had no issues, we split expenses 50/50... now, he is refusing to pay his half of school lunches, haircuts, etc... says I have been double dipping him for Child... Read more »

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

You will likely need to address this with the FOC or petition the court for an order to show cause.

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: FOC won't help me get child support owed. Nothing has worked. What can I do?

My ex owes me over 6,000 dollars in child support. I barely make any money and have full custody of my son. He didn't show up to two show-cause hearings. They increased support and he hasn't paid me at all. One time they brought him in and he gave a sob story about how he doesn't have a job so they... Read more »

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

This won't be the answer you probably want to hear but it is the reality. What you've seen is what will continue until the amount owed becomes such as to justify a felony charge for non-support. And even then, he may just sit in jail.

There is very little you can do on the enforcement end...
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1 Answer | Asked in Contracts, Family Law and Child Custody for Michigan on
Q: Our court order says “parenting communication is strictly between parents” no third party contact unless emergency...

Can my wife go to doctors appointments, school conferences or is that going against “no third party contact” and “parenting communication strictly between parents”

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 17, 2020

Generally that means that the parents should communicate directly with each other and not boyfriends/grilfriends or new spouses.

Both parents should be involved in the childrens education and health regardless of whether you are still together or not. It is in the best interest of the...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Michigan on
Q: Can I move out of state with my kids when I just filed for divorce?

I filed Jan 3rd and have tried to get him to agree to letting me move just outside of michigan. I cant file a motion because I dont have the money for a lawyer to do it. I just want to know if I can get in trouble if I move with them anyways!

Brent T. Geers
Brent T. Geers answered on Jan 12, 2020

Yes, the move could be used against you. Not wise to do so. If you cannot afford a lawyer at the moment, you should check in to your local legal aid office. Or, your courthouse may have a legal assistance center with forms available to file the required motion on your own.

1 Answer | Asked in Family Law for Michigan on
Q: 2 family members petition for guardianship of incapacitated person will both petitions be thrown out and given..

If 2 family members (1 sibling and 1 grandchild) petition for guardianship of an incapacitated individual will the court throw out both petitions and give guardian to a 3rd party because "family is fighting over the person"

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

No. The court will hold a hearing to determine which person, if either, is most suited to be the guardian. It could be the case that the court finds neither person suitable, if which case, yes, a third party may be appointed.

1 Answer | Asked in Family Law for Michigan on
Q: if a child feels mentally abused and unsafe at home, is it illegal to provide temporary shelter until they return?
Brent T. Geers
Brent T. Geers answered on Dec 17, 2019

Depends on your relation to the child. Are you a parent? If not, you may provide temporary shelter for the time it takes to call the police or CPS; you cannot keep a child away from a parent. Even if you are the other parent, you cannot keep a child away from the other parent contrary to court... Read more »

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: I have a cs review already in the works + my 16 yo has come to live with me. Court says they can't change the overnights

Son has been here since 11/26/19 The review was already in the works because I've been laid off so now the courts say I have to file a motion for custody even though I have joint legal custody with "as agreed upon" visitation. So why can't they just adjust the child support and the number of... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 17, 2019

The Friend of the Court goes by court orders. Your current court order apparently says parenting time is "as agreed", and so that's what the FOC has to work with - it does not matter what is actually happening. For child support calculation purposes, FOC needs to know the number of overnights you... Read more »

1 Answer | Asked in Child Custody, Child Support, Family Law and Bankruptcy for Michigan on
Q: How can I respond to a child support case in a county 2 hours away where I barely can make it to? My child was not conc

Not conceived in this county. This is where her mother moved.

Timothy Denison
Timothy Denison answered on Dec 17, 2019

You will have to get the Addresses and correspond with them by mail.

1 Answer | Asked in Family Law for Michigan on
Q: How soon can I get a ex parte order for custody and ppo
Brent T. Geers
Brent T. Geers answered on Dec 7, 2019

Almost immediately during normal court business hours and with proper cause.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Can i file a motion for custody within the child's home state, but from a different county within that state?

I live in central Ohio, my ex lives in northern Michigan with my children. I would like to file the custody motion from a different county in Michigan so that me and my ex both travel the same distance. Otherwise, I have to travel 8 hours one way and he only travels 15 minutes. I end up having to... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 7, 2019

No. Venue - or the proper court to file - typically depends on what county the child resides in. There are some other factors that help determine venue. But you certainly cannot file in a county just because it happens to be a halfway point, as that court would have no jurisdiction.

A...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: Through home paternity test I learned that my son (17) is not mine. I have full custody as bio mom lives in another

State and does not pay any required child support. Is there any legal action I should consider taking.

Brent T. Geers
Brent T. Geers answered on Dec 7, 2019

Not really. The Revocation of Paternity Act essentially has a 3 year time bar. At 17 years old, your case is well beyond that. And with you having full custody, I would imagine even if some form of relief were possible to get in front of a judge, a court would find that it's in the child's best... Read more »

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: Filed CS in june after 91 days received papers stating they were dropping my case,my ex couldn’t be served what do I do?

I gave the courts correct address for him but he evades (never answers door, has wife answer for him and say she doesn’t know him or he doesn’t live there).He was recently jailed for about 20+ days will I receive a payment from the courts? We also have 2 children (he signed both birth certificates

Brent T. Geers
Brent T. Geers answered on Dec 5, 2019

You'll likely need to refile and try serving him again. This time, you might want to use a process server. They deal with tough-to-find people all the time.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: How long do I have to ask my son's father if he will be taking him for his court ordered parenting time?

I was granted full physical and legal custody of my son. We agreed that my son's father would have supervised visits for 2 hours every Friday. The first visit I was supposed to drop him off then he would pick him up from then on. I have contacted him every Friday since to see if I should drop him... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 25, 2019

You can and probably should file a motion with the court asking to modify the parenting time order and cite his missed visits. Until a court says otherwise, you have an obligation to make the child available.

1 Answer | Asked in Family Law for Michigan on
Q: I have reason to believe that my niece is being exposed to significant amounts of mold while she is visiting her father.

It may be black mold. I have demanded my sister, who is no longer with him, report it so the State can get involved to ensure the house is safe for my niece and to cover herself from any legal problems. But I do not trust that she will. I'm in Michigan, what can I do if she doesn't report it like... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 25, 2019

Anyone may make a complaint to Child Protective Services (CPS). They have a duty to investigate all complaints. What they do from there is in their hands.

2 Answers | Asked in Family Law and Tax Law for Michigan on
Q: lengthy so my question is i was divorced in 2012 but had filed taxes jointly with ex husband he recieved entire refund

So that was supposed to offset arrearges courts said i owed but it was never applied to arrearges now i owe even more arrearges due to loss of job a few times over pass few years for a few months but had the original refund been applied to arrearges the arrerges would have been paid off and i would... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 18, 2019

Is the arrearage for child support? You should present evidence of the refund amount to your local Friend of the Court office.

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1 Answer | Asked in Family Law for Michigan on
Q: Ok can my grandson Legally leave home at the age of 18 in the state of Alabama. And move to another state. Please answe.
Brent T. Geers
Brent T. Geers answered on Oct 17, 2019

You've posted this question in a Michigan forum, but I surmise that the answer will be the same regardless of state. Assuming that your grandson is otherwise competent (i.e. not cognitively or otherwise impaired), he is an adult at 18 and can move where he wants.

1 Answer | Asked in Family Law for Michigan on
Q: We have a grandson in valley Alabama. He will.be 18 .January 1st .his mother left Michigan with 3kids.my son and her

Have joint custody .she wasn't Supposed to not move 100 miles away. She did with out a court order. any his son found his dad and wants to come home. Would like to know if he can go and get him and bring him home. Please answer this question thank you grandma. Ps.the mother hasn't contacted the... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 16, 2019

As you might imagine, your son will need a court order. It is certainly possible to obtain, and in fact the mother could have a lot of answer for.

2 Answers | Asked in Family Law and Immigration Law for Michigan on
Q: Can my partner and I legally get married ?

My partner and I want to get married. He does not have status in this country. I though am a U.S. citizen. We reside in Wayne County. Can we get married and is there a risk for him if we do get married ?

Amanda B Cook
Amanda B Cook answered on Sep 27, 2019

You can get married but it may not be the best thing to do depending on your circumstances. The best course of action is going to depend on facts you have not presented here. You really should make a consutlation appointment with a family immigration attorney.

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