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Michigan Family Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: My son's child support order says parenting time is reserved. What exactly does that mean? From state of Michigan.

He has joint legal custody also

Brent T. Geers
Brent T. Geers answered on Feb 11, 2021

Is it parenting time or child support that is reserved? Ordinarily, it would be the child support. Regardless, that language means that either party or the court can revisit that decision.

1 Answer | Asked in Family Law for Michigan on
Q: Do I have any standing against my mother for survivor benefits?

For 3 years now, my mother has received survivor benefits due to the passing of my Father in 2017. However, I am an independent teen several months shy of 18. I do not live with my Mother, I live on my own and support myself in every way, including financially. However, she refuses to give me any... Read more »

Brent T. Geers
Brent T. Geers answered on Feb 8, 2021

Not sure that you do. We'd first need to determine what sort of survivor benefit you are talking about. Ordinarily, survivor benefits go to the surviving spouse, not children.

Without a court order - which would effectively be a child support order, I guess - I don't think...
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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Can my kids mother move out of state with my kids

My kids mother is wanting to move to Georgia and we currently live in michigan. We split up over a year ago and have been doing 50 50 custody with out haveing friend of the court involved. Can she move with my kids legally?

Brent T. Geers
Brent T. Geers answered on Feb 8, 2021

Unless you have been determined to be the legal father, and a custody determination has been made (which would require court involvement), then yes, she can move.

Herein lies the rub with trying to do things outside of court: you can't expect the court to enforce or protect something...
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1 Answer | Asked in Family Law, Child Custody and Probate for Michigan on
Q: 1f a 15 1/2-year-old no longers wants to be homeschooled can this be enforced?

The parents are not together, homeschooling was previously agreed upon in cour documents, however, now there is no schedule for homeschooling, the books are grade behind and/or missing, there is no set curiculem. Days are missed to accommodate custodial/step parents schedule. The child would like... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Feb 6, 2021

The order CAN be enforced.

To do this 'right' you need to have the order changed, and from your description there is ample reason to ask for that, and if true, the Court would most likely agree and allow the modification.

DO NOT try to do this alone however, as the...
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1 Answer | Asked in Family Law for Michigan on
Q: Can a grandparent have a guardianship with a parent in Michigan?
Brent T. Geers
Brent T. Geers answered on Feb 4, 2021

No. A minor guardianship suspends parental rights. If there is one legal parent without concerns that would arise to threatening his or her parental rights, then the court cannot make a finding of need for a guardianship. If there is one legal parent, and that person agrees to have a grandparent be... Read more »

2 Answers | Asked in Divorce, Family Law and Communications Law for Michigan on
Q: my husband has a second phone, is there any way I can get the phone company to give me the record?

Everytime i got him to call, he says my wife is listening on speaker too.. so i don't think there going to disclose any info. If its a privacy law Is there a way around it?

Brent T. Geers
Brent T. Geers answered on Feb 3, 2021

What information are you seeking? If the phone is in his name, then he has access to his records. Instead of involving the phone company, why does he not just download them and give them to you, or give you online access to those records?

If he is unwilling to cooperate, then you should...
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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: What is a normal schedule for parenting time that a judge would give for the mother

The schedule that the judge gave me now is alot of back and forth with the father.

Brent T. Geers
Brent T. Geers answered on Feb 1, 2021

Judges make decisions based on the best interest of the child; there is no "normal" parenting time schedule because every situation is different. That said, the intent is to create an equitable (not necessarily equal) parenting time arrangement. And with young children, the thought is... Read more »

1 Answer | Asked in Family Law for Michigan on
Q: If father and son have never met and father lives out of state will they force me to send them to him?

Father lives in Florida son in Michigan. Child is seven years old has never had any contact with his father. Father has lost custody of two children in the past. One is in foster care. He also has a fourth son who is in Michigan and has absolutely no rights to. He has went to jail for a csc charge... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 30, 2021

Highly unlikely. If anything, a period of time for your son to get to know this man may take place. That could be in the form of video conferencing. Then, depending on how that goes, the father may be afforded some parenting time to take place here in Michigan.

1 Answer | Asked in Family Law for Michigan on
Q: I'm 40yrs old, I'm trying to get a DNA test from my real father. I live in Michigan. How do I get the courts to order it
Brent T. Geers
Brent T. Geers answered on Jan 7, 2021

I'm not sure there is a mechanism for a court to order that. Have you tried reaching out to him? I don't think there is anything legal that can be done at this point, but if you explain to him that all you're looking for is confirmation of your questions, maybe he'll oblige.

1 Answer | Asked in Family Law for Michigan on
Q: Hi I have been paying support over 19 years at work attached payments and 5 years myself im still paying

2016 my uc ran out i was done in 08 with child support they lost my record had to go back me and my wife and they came up with I owed her 2000$and 24000 to the state I've paid a total of close to 20 years she won't miss work to go stop the order when it was current they were taking from... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 7, 2021

You really need to gather all records you have, including getting a copy of your payment history. It's not necessarily a question of how many years you paid; it's a matter of how much money you owe during the period you were ordered to pay child support. It is possible to have arrearages... Read more »

2 Answers | Asked in Child Support and Family Law for Michigan on
Q: How to dismiss a child support case

My Children's mother and I have been taking care of our children seperately since 2017. I had lost my job in 2019, and I had health insurance through the health marketplace, and signed up to get health coverage for both of my youngest children. Not knowing that their health coverage would be... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 7, 2021

If the children are receiving state assistance, you cannot dismiss the child support case. The state, through the county prosecutor's office, will be involved and enforce a child support order.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Michigan on
Q: My ex is pregnant again with her spouse but is requesting a review increase on the child support I pay. What can I do?

My ex and I share joint custody of our kids. I pay child support because she is on disability and her income is lower. She has been married for over 6 years, had surgery to untie her tubes, and is pregnant with their second kid. She just requested child support for our kids be reviewed and... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Dec 31, 2020

Child support is determined on the basis of the ability to pay for both parents. The standard for modification is often a substantial and continuing” change, which can be caused by a change to either parent’s situation or both. As the last order appears to have been several years ago, it is... Read more »

1 Answer | Asked in Family Law for Michigan on
Q: I need help figuring out how to object to recommendations and proposed orders and I also wanna know about case transfer

I really need help but I don't have much money so any help will be appreciated...I requested a schedule change and also support modification as my former spouse only pays for health insurance ($31 x 2 a month) and I provide for everything else, (clothes, feminine products, school, etc..) we... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 28, 2020

You will not be able to transfer the case to a different county under these facts. Attorneys and court staff routinely have personal family legal matters in the county they work in. If your ex is an adult criminal probation officer, he likely has very little to do with family court judges and the... Read more »

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: does Michigan deal with out of state parents paying child support is everything done by the state that the payer's in?
Brent T. Geers
Brent T. Geers answered on Dec 1, 2020

Yes; the order remains with the originating state. The state where the payer is in will enforce the order. And as you might imagine dealing with multiple agencies in different states: keep receipts and an accounting.

1 Answer | Asked in Family Law for Michigan on
Q: Can an attorney subpeona evidence against their client prior to even having a court date set for child support hearing?

.

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

Both parties can conduct discovery. You have a legal obligation to answer the subpoena by providing the relevant information requested. You also have the right to request the same from the other side. If you do not respond, the court can refuse to accept what you have into evidence, so it would be... Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Can my sons mom work at his school during days when it’s not her days to have him and therefore see him every day?
Brent T. Geers
Brent T. Geers answered on Nov 10, 2020

Your question begs the response most family law practitioners and judges urge clients: everything revolves around the best interest of the children, not the parents. One of the best interest factors is the parents willingness and ability to facility the parent-child bond with the other parent. I... Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: A friend that is supposed to get to see his son every other weekend and she won’t let him due to drinking can she?

He is seeking help for alcoholism she won’t even let them talk on the phone

Brent T. Geers
Brent T. Geers answered on Oct 30, 2020

Too many unstated factors here....and it comes down to a bit of common sense. Is he drunk or hung over when his parenting time is to start? If so, I doubt any judge would think it's appropriate for a parent to exercise parenting time while intoxicated. If he is known to drink to the point of... Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My kids are in custody of the state I'm doing what they asked can they deny returning them to me? their mom lost them.
Brent T. Geers
Brent T. Geers answered on Oct 14, 2020

Yes; you should seek advice from an attorney versed in abuse / neglect proceedings. "doing what they asked" is a necessary first step, but the law is far more complex than that, and many other factors are in play.

1 Answer | Asked in Family Law, Banking and Elder Law for Michigan on
Q: A deposit was made to joint acct, one member dec'd, thought deposit was a benefit or payment due to me as executor

didn't know if it was reverse mtge or life or whatever, it continued past his death till last month. I was on the acct way before the death. Is this a criminal error?

Brent T. Geers
Brent T. Geers answered on Oct 6, 2020

So what was the deposit for? It's probably not criminal but you may need to repay it to whomever made the deposit at some point.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My exs (never married) Fiancé has past domestic charges. Is that considered a potentially dangerous living situation?

My Ex’s fiancé has 3 separate domestic violence charges. He doesn’t have custody of his child nor does the child’s mother.

Brent T. Geers
Brent T. Geers answered on Oct 2, 2020

Not necessarily. The concern for a family court judge would be what is going on now, not this person's past.

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