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Michigan Adoption Questions & Answers
1 Answer | Asked in Adoption, Child Custody and Family Law for Michigan on
Q: If child pertective services has you come to there office to sign some papers and then has a officer in the same room

And after signing those papers the hhs tells you by the way this office has something to say and I was arrest for a warrant

Brent T. Geers
Brent T. Geers
answered on Jun 4, 2024

If you had a warrant, I'm unsure there is anything legally you can do about it as the police can execute it any time or place. Same thing could have happened if you were to appear in court on the CPS matter; they could have taken you into custody then.

1 Answer | Asked in Adoption, Constitutional Law and Family Law for Michigan on
Q: May an adult sue a parent for lying about their paternity in federal court?

My biological parent told me not to tell her that he was my dad because she would get mad. He's now deceased we never had a relationship because of her selfishness. She had her husband adopt me and although I put my birth name on my children birth certificate application my adopted surname is... View More

James L. Arrasmith
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answered on Jan 26, 2024

Yes, it is possible for an adult to sue a parent in federal court for lying about their paternity, but there are some key considerations.

The legal grounds would be something along the lines of intentional infliction of emotional distress or fraud. Lying about biological paternity could...
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1 Answer | Asked in Adoption, Child Custody, Child Support, Contracts and Family Law for Michigan on
Q: What would we need to do to have custody of our nephew for a while with consent from his father who has sole custody?

Father may go to set up place out of state and wants child taken care of while he makes sure about living arrangements and work. Childs mom is only allowed supervised visits if father agrees 1×/week. Mother is not a child in an adults body. We want to make sure that the mom cannot take custody of... View More

Benjamin Jeffrey Stoltman
Benjamin Jeffrey Stoltman
answered on Oct 25, 2023

What you are describing can either be accomplished through a delegation of parental authority (power of attorney) or through limited guardianship. A limited guardianship will take longer and will cost more, but offers Court oversight and protection if mom were to become an issue. A delegation of... View More

1 Answer | Asked in Adoption and Family Law for Michigan on
Q: Can a 3rd party petition to unseal adoption records in Michigan?

I am a father who adopted my non biological son 9 years ago, being his foster parent and being the bio-parents rights were terminated. The records are sealed. A man who has a child with a sibling of the bio-mom is wanting to have a court unseal it to dig up possible dirt on her, and all this for... View More

Brent T. Geers
Brent T. Geers
answered on Oct 3, 2023

Not sure legally if this is your fight. I also do not think this other man has grounds for the court to unseal the record. Obviously it's a concern enough for you to warrant a consultation with an attorney. In particular, I would ask about standing.

1 Answer | Asked in Family Law, Adoption and Child Custody for Michigan on
Q: My husband has two children with a women whom wants to give up all her right voluntarily.

We do not have money to pay for a lawyer we live paycheck to paycheck. we are trying to figure out how to do this.

Brent T. Geers
Brent T. Geers
answered on Aug 25, 2023

You could do a step-parent adoption. There are standard SCAO forms to help with this, but there would be costs and fees associated.

1 Answer | Asked in Family Law, Adoption, Child Custody and Probate for Michigan on
Q: Are there any Supervised Visitation places that supervise visits out in the community?

I currently have supervised visits with my child out in the community, currently that visits are being supervised by the person who has the Guardianship of my child. It is not working out, the person lies in court about my visits says nothing but negative things about my visit that are not true all... View More

Brent T. Geers
Brent T. Geers
answered on Jun 22, 2023

Great question. To my knowledge, all supervision agencies would require on-site visits for liability reasons (they don't want their employees out some place they can't really control and in what could be a volatile situation). While not ideal (it costs time, money, and let's face it:... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Michigan on
Q: I'm seeking answers on how to get custody of my grandchild.

My grandchild is 5 years old an I've been his care giver his whole life, his parents are not suitable to take care of him an I'd like to take full custody since he lives with me majority of the time.

Brent T. Geers
Brent T. Geers
answered on Oct 26, 2022

You should look into guardianship.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Michigan on
Q: If a referee says…. gonna check in2 CPS & criminal investigations do they contact previous ppl associated w/case history

Do they contact family or fosters… previous witnesses if a story doesn’t match?

Brent T. Geers
Brent T. Geers
answered on Oct 18, 2022

More likely, referee will simply review the CPS and criminal investigation reports, and may contact those agencies for a status update. Judges and referees are not police or investigators so they are not going to be contacting witnesses directly.

1 Answer | Asked in Family Law, Adoption and Child Custody for Michigan on
Q: How can I go about getting guardianship or custody of my friend baby she is from Nj I am in Ohio
Brent T. Geers
Brent T. Geers
answered on May 9, 2022

Is there a father in the picture? If so, he will have priority over you if he is willing and able. If mom and baby are in New Jersey, than you all will need to deal with this there.

1 Answer | Asked in Adoption and Child Custody for Michigan on
Q: My boyfriend has full custody of his son. His mother got her parenting time taken an is not allowed to be anywhere near

The child. An no child support. We are wanting for me to adopt him. Is it possible. She goes months without calling my boyfriend to see if the child is still alive.

Brent T. Geers
Brent T. Geers
answered on May 2, 2022

Until you are married, no.

1 Answer | Asked in Family Law, Adoption and Child Custody for Michigan on
Q: Is there a way to become the legal guardian/father of my girlfriend's daughter without marriage?

Paternal father's rights were stripped long ago

Brent T. Geers
Brent T. Geers
answered on Mar 22, 2022

Depends in part on what you mean by paternal father's rights being "stripped"; were his rights terminated or was mother awarded sole custody? There is a difference. Either way, it will be hard to be named legal father without marrying the mother and doing a step-parent adoption.

1 Answer | Asked in Family Law and Adoption for Michigan on
Q: How do you have a bio parent sogn off theirnrights when you have no contact woth them?

I want my husband who has now known my son for almost 10 years to adopt him so he has parental rights and we all have the same last name. I live in Michigan and because bio dad pays child support I guess he has rights to my son. I don't even receive my child support every month. My son will be... View More

Brent T. Geers
Brent T. Geers
answered on Mar 22, 2022

You can try a step-parent adoption.

1 Answer | Asked in Family Law, Adoption and Education Law for Michigan on
Q: can my aunt and uncle who is adopting my son in michigan let me see him without court consent if i had my rights relinq

if my rights were relinquished can my family who is adopting my son let me see him again without court consent

Brent T. Geers
Brent T. Geers
answered on Sep 5, 2021

Depends on a lot of factors, and if the adoption is finalized.

1 Answer | Asked in Adoption, Child Custody and Family Law for Michigan on
Q: What are the penalties for allowing adopted child who is out of control go stay with biological mother in another state.

Family related adoption but biological mother parental rights were terminated.

Brent T. Geers
Brent T. Geers
answered on Jul 16, 2021

I'm not sure there would be any penalties. Typically, an adoption from a termination case ends that court's involvement and vests full parental rights on the adopting person. They are then free to pass on that authority in any legal way - common examples would be through a parental power... View More

1 Answer | Asked in Adoption and Family Law for Michigan on
Q: My perental rights have been terminated and I l would like to see about getting a open adoption on Michigan?
Brent T. Geers
Brent T. Geers
answered on May 10, 2021

Are you looking to adopt a different child? If your parental rights have been terminated, you face a significant uphill battle. First, you have no say in who can adopt your child or children; nor can a court direct it. Second, if your rights have been terminated, you almost certainly are on Central... View More

1 Answer | Asked in Family Law and Adoption for Michigan on
Q: If a foster parent’s license is revoked, are they able to reapply for licensure? Is there a time period requirement?

Revocation recommendation was a result of agency retaliation against the foster parent.

Brent T. Geers
Brent T. Geers
answered on May 8, 2020

There might be a time period requirement. But even if there's not, or you meet that requirement before reapply, understand that a great deal of discretion is in the hands of local DHS officials and the agencies themselves. At the least, your application will receive heightened scrutiny, and... View More

1 Answer | Asked in Adoption and Family Law for Michigan on
Q: How long do I have to try to overturn an adoption in Michigan that was not consent! My children were adopted in 2017!
Brent T. Geers
Brent T. Geers
answered on Feb 24, 2020

I would say you're well past any time limit. I am unsure how an adoption moved forward without your consent unless your parental rights were terminated.

1 Answer | Asked in Adoption for Michigan on
Q: Is there any circumstance in which a 14 year old might be adopted by a step father without being involved?

The child doesn’t know that the father isn’t his biological father — the step father tried 2 adopt him years ago but the biological father opposed it (the only thing he’s ever done “for” the child). Now the biological father is deceased. The step father has been the in loco parentis... View More

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

I believe with the child being 14 years old, the child would have to consent to the adoption, so there would not be a way to do so without his or her knowledge. But I think the stepfather very well could file for adoption at this point.

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... View More

Brent T. Geers
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... View More

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