Michigan Questions & Answers

Q: The father of my finance child keeps dragging her to court even though she is the custodial parent how do we stop him?

1 Answer | Asked in Child Custody for Michigan on
Answered on Oct 16, 2017

I hate to be the bearer of bad news, but there is nothing that can be done to make him stop using (abusing) the court system. In most counties, family division cases stay with the same judge; some counties also have referees, who are assigned to specific judges. Over time, if this guy's claims are seen as some sort of stall tactic or abuse of process, the judge will know and grow tired of it.
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Q: I am currently seeking child support form my soon to be ex wife. No divorce paper work as been filed. If I were to file

1 Answer | Asked in Child Support for Michigan on
Answered on Oct 16, 2017

I take it that you two are doing all this without attorneys, as this is a backwards approach. You cannot get child support from your spouse without temporary orders from an already filed divorce complaint or through a complaint for separate maintenance. You need to file one or the other first.
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Q: The college my daughter attends has been told that her boyfriend lives with her but refuses to make him move.

1 Answer | Asked in Family Law for Michigan on
Answered on Oct 16, 2017

Does your daughter live on or off campus? If off campus, and assuming she is over 18, the college can't do much. As the mother, you need to first determine whether your daughter shares your opinion that her boyfriend is controlling. If it is the case, and if you are financially able to do so, I might suggest that you obtain a nearby apartment or extended stay hotel for your daughter until you can help her figure out a better living situation.

Certainly, if there is domestic violence...
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Q: If the judge that took my children was made to retire because of what he did. Shouldn't it be null and void!!

1 Answer | Asked in Family Law, Adoption, Child Custody and Domestic Violence for Michigan on
Answered on Oct 16, 2017

The answer to your title question is no. Cases are not reheard whenever a judge retires. You have (or had) an opportunity to appeal; that is the appropriate way to address your issues.
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Q: What rights to prisoner's have if they're injured while incarcerated?

1 Answer | Asked in Personal Injury for Michigan on
Answered on Oct 16, 2017

Prisoners are entitled to basic and essential health care services. Whether the MDOC is liable for your boyfriend's injury or treatment is fact-dependent.
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Q: If your parent has nothing in writing who makes medical decision if there is no spouse. I have given written permission

1 Answer | Asked in Family Law, Elder Law and Estate Planning for Michigan on
Answered on Oct 16, 2017

Written permission must be legally sufficient. Otherwise, you may need to obtain guardianship of your father, which involves a probate court process.
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Q: 1) I received my apartment deposit today (October 16,2017). I moved out July 31st, 2017. 2) I called a couple of weeks

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Michigan on
Answered on Oct 16, 2017

If you have PROOF you provided a WRITTEN forwarding address within 4 days of moving out, and have copies of the intake inventory showing the same damages claimed in the refund you have a pretty good case, but I'd advise you consult with a local landlord tenant attorney. You can sue for damages beyond the security deposit wrongfully withheld, but you should note the deadlines here: Michigan law provides that "Within 45 days after termination of occupancy and not thereafter the...
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Q: Someone I know got a DUI in Sarnia, Ontario, CAN but is a US citizen in Michigan. Any law advice for them?

1 Answer | Asked in DUI / DWI for Michigan on
Answered on Oct 16, 2017

Have him hire a Canadian attorney right away. Don’t play games, as it can come back to haunt you. Your Michigan license and driving privileges will be affected.
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Q: I am thinking about filing bankruptcy. Can I max my cards before hand?

1 Answer | Asked in Bankruptcy for Michigan on
Answered on Oct 16, 2017

Absolutely not. Would be considered fraudulent purchases never having an intent to repay. Any purchases within 75 days of filing are circumspect if they are not ordinary expenses.
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Q: Can I give my boyfriend rights to my son? Michigan terminated my son's dad's rights!!!

1 Answer | Asked in Family Law and Child Custody for Michigan on
Answered on Oct 15, 2017

You should consult with a probate attorney about guardianship or co-guardianship with your boyfriend.
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Q: Can an irrevocable trust ever be revoked in certain situations?

1 Answer | Asked in Estate Planning for Michigan on
Answered on Oct 15, 2017

The word IRREVOCABLE should be your clue. No you can't revoke it. HOWEVER, there are other options that MAY be available such as 'defunding' the trust, etc. depending on what latitude is given the trustee.

IRREVOCABLE trusts are very inflexible however, and are generally inadvisable.

Seek local legal representation if you still have questions.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client...
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Q: Hi my name is Anna, im writing you because I had a paper notraized about signing my rights I want my baby back what do

2 Answers | Asked in Family Law and Child Custody for Michigan on
Answered on Oct 15, 2017

Your question does not clarify your query, please elaborate further for quick and specific advice.
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Q: Can the Agent of the seller charge a brokerage fee to the buyer when the agent was not hired by the buyer. dual agency

1 Answer | Asked in Real Estate Law for Michigan on
Answered on Oct 14, 2017

It depends on what you agreed to in the offer to purchase. If you agreed to pay it you are likely 'stuck' with it. THIS is why you should always have your purchase agreement reviewed BEFORE you sign and submit it. Have your documents reviewed by a local real estate attorney for a full answer, but there is no 'one right' response here.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am...
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Q: Can I get a divorce in mich if I don't know where my husband is

1 Answer | Asked in Divorce for Michigan on
Answered on Oct 14, 2017

How long your husband is away? Do you have access on phone? Meantime, rules does provide for submission/filing of divorce paper to respective Court. Also consult Attorney of your local jurisdiction for specific advice.
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Q: Do I need to supply diapers when my child's father takes our son?

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Answered on Oct 13, 2017

His responsibility unless he’s irresponsible. You’ll know if and when the child comes home with a soiled diaper.
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Q: I am an American currently in Germany. Can I bring a friend from Greece as a migrant worker for a farm project in MI?

1 Answer | Asked in Immigration Law for Michigan on
Answered on Oct 13, 2017

You should consider using the H-2A program. You will also need to set-up the farm as a business so that it can sponsor him for the visa.
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Q: My ex is taking our kids to Florida to live in a camper with 5 other people in one week. Can I prevent this?

1 Answer | Asked in Child Custody for Michigan on
Answered on Oct 12, 2017

You start with retaining a very experienced family law attorney who has been involved in custody cases. Don't know why you say he gained custody unfairly. If you were not represented or did not take part in the proceedings, that is your fault. Is there a Judgment? Was he awarded sole legal and sole physical custody? What does the Judgment say about changing the children's residence or domicile outside the State of Michigan? You have an uphill battle to gain custody. Good luck.
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Q: I have only been married a year. The house is in my husband's name and he is saying I can't get the house. Is this true

1 Answer | Asked in Divorce for Michigan on
Answered on Oct 12, 2017

With a marriage of 1 year you might be lucky to get 50% of the value of the guns you claim were purchased during the marriage. What happens when he asks you for 50% of the value of the clothing you may have purchased during the marriage with joint money? What is the ratio of your respective incomes? As for the house you will get nothing, especially since it was his premarital property.
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Q: If on a commercial lease, the landlord is cashing partial payments can they still evict in that same time period.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Answered on Oct 12, 2017

The answer is "yes" provided that two things have happened. The initial eviction paperwork must reflect what was outstanding at the time the complaint was filed. Secondly, monies collected after a case is initiated but before a judgement do have to be accounted for and the balance must be noted to the court. Most landlords will be willing to work with a payment plan before a judgment has been obtained provided that a settlement terms /agreement is entered with the court. If the tenant fails to...
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Q: My husband and I rent a home together where both names are on the lease. If I file for divorce, does he have to leave?

1 Answer | Asked in Divorce for Michigan on
Answered on Oct 11, 2017

In my opinion, there is nothing you can do to make him leave if he doesn’t honor your request to leave. The fact that he is having inappropriate relations is not a basis for a court to require him to leave.
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