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Michigan Family Law Questions & Answers
1 Answer | Asked in Family Law for Michigan on
Q: My ex is taking my daughter refuses to allow me to speak or even see her what can I do about this

The mom says if I attempt to do anything about it she's going to tell everybody that I'm a child beating narcissistic a****** quote on quote I need help please!

Brent T. Geers
Brent T. Geers answered on Jan 15, 2022

If you don't already have a court case, you need to file a complaint for custody and parenting time with the court. If you do already have a court case with the mother, then you need to file a motion for specific parenting time and possibly custody.

Let her call you what she will....
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1 Answer | Asked in Child Support, Divorce and Family Law for Michigan on
Q: Hi, If you are married and child support end, what if you get a divorce. Can you get child support back from him?
Brent T. Geers
Brent T. Geers answered on Jan 15, 2022

Your question is a little confusing. Are you saying there was a support order in place that ended, but you were married the whole time? A subsequent divorce would not entitle you to recover child support that was ordered and paid.

1 Answer | Asked in Family Law and Civil Rights for Michigan on
Q: How does one use genetic testing to prove paternity without a court order?

Is it true establishing that a positive genetic test is a conclusive method of determining paternity, if certain conditions are met and without requiring a court determination?

Brent T. Geers
Brent T. Geers answered on Jan 13, 2022

For legal purposes? You cannot establish paternity without court order, unless you are married to the mother at the time, or you both sign an acknowledgement of paternity.

1 Answer | Asked in Family Law for Michigan on
Q: I receive social security disability and also receive a small amount for my child, does my now ex-wife have rights to it

Ex-wife has custody but I do have parenting time, is the social security I recieve for the child now hers. ?

Brent T. Geers
Brent T. Geers answered on Jan 13, 2022

Typically, there will be an agreement for your social security payment to satisfy your child support obligation. But otherwise, yes, social security can make the determination that if your ex has sole legal custody of the child, she would be entitled to that payment.

1 Answer | Asked in Family Law for Michigan on
Q: am i able to get emancipated without being abused ?

i am 17 years old, & i strive for adult life. i crave that adulting, & high responsible adult life. i want to move to ohio if my emancipation goes through. i’m not abused what so ever, my parents are loving & supportive. is this possible for me

Brent T. Geers
Brent T. Geers answered on Jan 6, 2022

Ironically, the fact that you say your parents are supporting may be a factor for your emancipation to be denied. Generally, to be emancipated, you need to make a showing that you are capable of supporting yourself.

A non-legal bit of advice: why the rush? There may come a time where...
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1 Answer | Asked in Family Law for Michigan on
Q: Im wondering whats is the criteria to request a minor child be discharged from a mental health facility. by his parent.
Brent T. Geers
Brent T. Geers answered on Jan 3, 2022

If the child has been committed through some legal means, which it sounds like, you will likely need to show he no longer has a need for those services. That means you'd likely need to hire another professional to assess him and render an opinion. You may be better off, time and money wise, to... Read more »

1 Answer | Asked in Family Law for Michigan on
Q: I am power of attorney of my father who’s home is in Puerto Rico and needs to be sold… can I sell his home for him?

My father is currently living with me in Michigan

Brent T. Geers
Brent T. Geers answered on Jan 3, 2022

A good POA can have language allowing you to sell real estate. Title company, though, may request additional documentation.

1 Answer | Asked in Family Law for Michigan on
Q: If sick and need to have someone who can make medical choices . Can it be my friend instead of spouse if I wanted?
Brent T. Geers
Brent T. Geers answered on Jan 2, 2022

Yes; provided that you establish a patient advocate designation beforehand.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: A father is telling the mother she can only see the child certain times because he is mad she moved on never married

If no custody agreement has been set besides between the two for every other week and now the dad isn’t ok with it because he is mad they are not together they have never been married he says she only wants the child to see her twice a week on her days off only during the day so the child can... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 23, 2021

This situation is why court orders exist. File a motion and get a court order for specific parenting time. That way, one person cannot just change their mind. Of course, parents can continue to agree to additions or changes. But an agreement requires two people to agree.

1 Answer | Asked in Family Law for Michigan on
Q: My father died at age 17 I was in school unbenoced to me he was getting VA benefits from a honorable discharge. Not me.

He didn't put me down as a child which I'm his first born and married. The other two just was his black sheep .I found out though his ignorance or whatever I could gave gotten school money and from 1996 he never claimed me. Then ar 24 it cuts off. Dont they owe me his va benefits even... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 20, 2021

The VA does not owe you anything. The servicemember - your father - could elect to either use it himself or determine which child, or even his spouse, could use it. It does not matter that you are the first born. And GI Bill benefits are for education, and so an active support case would not affect... Read more »

1 Answer | Asked in Family Law for Michigan on
Q: Can affidavit forms be mailed to a prison and signed with a notary there, or does a lawyer have to take them to him?

Father to my child is an inmate in a prison and need to add him to birth certificate.

Brent T. Geers
Brent T. Geers answered on Dec 20, 2021

Yes, inmates have access to a notary.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: Will a never married mother get in trouble for taking her child on a out of state day trip no custody agreement in place
Brent T. Geers
Brent T. Geers answered on Dec 17, 2021

No. It is a father's obligation to establish custody and parenting time. Until he does, the mother is the sole legal parent to the child.

1 Answer | Asked in Consumer Law, Divorce, Family Law and Small Claims for Michigan on
Q: Legal options on a outstanding car loans that I have cosigned

Hi, before my divorce (divorced for 2 years), I have cosigned a car loan for my ex-spouse (both of our names are on the title). As part of the divorce agreement, I agreed to let him keep things as is because his credit is not good enough for him to refinance the truck on his own. He supposed to... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 10, 2021

What does the judgment of divorce say about possession of the car? As to the bank - regardless of what the judgment says - they are going to hold you equally responsible for the balance.

1 Answer | Asked in Family Law, Domestic Violence and Juvenile Law for Michigan on
Q: Can the police make a 14 year old go back to her home, where she says she is being abused? She's at a teen safe-house.

A report has been filed with CPS. Her parents filed a police report when she didn't return home from school. A teenage friend took her to the teen shelter for homeless and run away kids. Her parents and police are there telling her she has to go home with her father, and she's very frightened.

Brent T. Geers
Brent T. Geers answered on Dec 10, 2021

Sounds like this is in the hands of the professionals; I would leave it there. If there's a genuine concern, CPS will take appropriate measures. For your sake, do not involve yourself in this situation in a negative way by having her stay with you.

1 Answer | Asked in Family Law for Michigan on
Q: Hi i have a question about a legal issue involving a false cps case against me when i have no minor children in the home

This claim was filed against me because my grandchildren were in my care when i ran out of propane due to a mistake made by mdhhs. While trying to get them to look into their mistake which i started when my tank was at 30% they refused to look into it and instead asked if i had kids in the home... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 10, 2021

I'm not sure what you can do at this point. When CPS is contacted, they do have an obligation to investigate. Your time to act will be when you receive the result of that investigation. Hopefully it is as the caseworker told you: unsubstantiated.

3 Answers | Asked in Divorce, Estate Planning, Family Law and Tax Law for Michigan on
Q: Can wife and I establish a family trust as co-trustees regarding properties that can withstand an uncontested divorce?
Kenneth V Zichi
Kenneth V Zichi answered on Dec 7, 2021

It is unclear what you are trying to accomplish.

A divorce will ALWAYS impact jointly owned property, and the fact it is placed in a 'trust' for some estate planning or administrative purpose doesn't mean a divorce court shouldn't or couldn't 'delve into'...
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1 Answer | Asked in Family Law for Michigan on
Q: Is it illegal in Kentucky to marry your first cousin once removed? If so what is the punishment

I’m nervous sending my kids to Ky to visit their father wothought knowing he will not be arrested or something while they are there. My children and I live in MI

Brent T. Geers
Brent T. Geers answered on Dec 4, 2021

You would need to ask a Kentucky attorney. Even if illegal, I doubt it would be something that would result in an arrest at a moment's notice. If you have such concerns, you should file a motion with the court before taking action like not sending the kids.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My ex husband intentionally withheld my child from me and violated the in place court order , Made up false accusations

He had said my partner of two years touched my daughter and made a video of it , The video alone shows my 3 year old has been coached from him I need legal advice

Brent T. Geers
Brent T. Geers answered on Nov 28, 2021

What relief are you seeking? If he withheld the child under an ex parte order, you should file an objection to that order; if he did so without a court order, then you should file a parenting time complaint with the friend of the court or look into filing other appropriate motions with the court to... Read more »

1 Answer | Asked in Family Law for Michigan on
Q: Do I have to tell my sons father that I am recording a consented call between my sons teacher and i

If I’m using it in court to prove I need full custody

Brent T. Geers
Brent T. Geers answered on Nov 22, 2021

No, but you need to be mindful of evidence rules, due process, and right to confrontation. Your ex, or his attorney, cannot cross-examine a recording, and so they may - likely will - want to have the teacher testify.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Michigan on
Q: ex parte signed no due process objection denied no ev. hearing supv. visits still 5 yrs later no reason said he meets

no factors has a criminal history I was shown to be unfit, unwilling, or unable. no evidence of abuse or neglect. I have all proof but never got to show because I NEVER got my hearing my daughter is being neglected educ,med,emoti, and emotional and psych abuse by alienating me almost to... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 21, 2021

You need to focus your arguments on what is happening now; not what happened or didn't happen five years ago. Perhaps the first step should be filing a motion to change parenting time. Your argument isn't whether supervised parenting time should have ever been in place, but that you no... Read more »

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