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Michigan Child Custody Questions & Answers
1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on
Q: if one party has a lawyer wouldn't the lawyers namme and number be on all court paperwork?
Brent T. Geers
Brent T. Geers
answered on Jul 17, 2023

Yes. That doesn't necessarily mean they are not working with a lawyer; it just means that an attorney hasn't officially entered an appearance with the court and so to the court, the person is unrepresented.

1 Answer | Asked in Child Custody for Michigan on
Q: Michigan Parental child abandonment how long does a parent have to not contact a child before i can start this process
Brent T. Geers
Brent T. Geers
answered on May 23, 2023

Very much case dependent, but generally two years. Abandonment includes no child support; if the person is paying or providing support, you're going to have a hard time proving abandonment.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My x who is in prison has subpoena my children 1 is his the other not and is an adult do they have 2 testify in Michigan
Brent T. Geers
Brent T. Geers
answered on Apr 18, 2023

I can only assume your ex is doing this without an attorney, otherwise I'd be loath to explain the subpoena to a judge....

I suggest you retain an attorney. There are likely procedures your ex is not following that can be exploited to your benefit.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: In a custody case does child have to testify if one parent subpoenas them
Brent T. Geers
Brent T. Geers
answered on Mar 20, 2023

No. And in fact, the court conducts in camera interviews with children in custody disputes; they do not testify in open court.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Can a supervisor pos as a caseworker just to get your children taken away when three attempts were already made by three

Three different caseworkers and unsuccessful found out that one of them even admitted that she tampered with my drug screen and now this one was acting as if she was my friend and telling me that she was going to tell the judge I was doing everything right then I was supposed to go to a meeting... View More

Brent T. Geers
Brent T. Geers
answered on Mar 1, 2023

Her being a supervisor is not your issue. You need to focus on addressing the allegations.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My ex wife has sole custody but i have the kids about 40% of the time.

My ex wife has sole custody but i have the kids about 40% of the time. She is leaving the country for 2 weeks and plans to leave the kids with her mom during her parenting time. I am not comfortable with this and I would like to know my options. The kids already mentioned that they will be sleeping... View More

Brent T. Geers
Brent T. Geers
answered on Feb 11, 2023

You can file a motion to address this parenting time situation or file a motion for a change of custody.

Just know that with her having sole custody, it's you that needs to do the pulling and pushing here to make change.

1 Answer | Asked in Child Custody and Divorce for Michigan on
Q: Filing a uniform child custody jurisdiction enforcement act affidavit, what do I have to provide

I want to ask for a temporary order to have legal custody until the divorce is finalized. What do I have to attach to the document?

Brent T. Geers
Brent T. Geers
answered on Feb 2, 2023

Download a copy of MC 416 from the State Court Administrator's Office website. That will tell you all the information you need to submit.

1 Answer | Asked in Child Custody for Michigan on
Q: Can I sue my attorney for not doing anything on my behalf in my child custody case which resulted in lost of custody?

My sons father took me back to court over child custody. We were never married I had full custody. Him and his lawyer knowingly and deliberately lied in court. My attorney never called a witness that I suggested to him or presented evidence that I had given him or told him he could obtain that... View More

Brent T. Geers
Brent T. Geers
answered on Feb 2, 2023

Best advice would be to contact another family law attorney to review everything. You could certainly talk with a malpractice attorney, but some of what you write concerns trial strategy, which is difficult to show malpractice.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: Need referral in St Clair county for custody of 3 yr old. 7 y/o Sibling was murdered. We fear for life of 3 y/o

CPS not helpful, although abuse is documented. We don't want to bury another child.

Brent T. Geers
Brent T. Geers
answered on Dec 9, 2022

What help or relief may be available depends on who "we" is. If you are not the parent to the child, the best help you can provide is to connect that person with a local attorney, so that he or she can effectuate their rights.

1 Answer | Asked in Child Custody for Michigan on
Q: Can a legal guardian leave their child in a country abroad if that child has no legal relation to anyone there?

I am 15 years old and have been living in Morocco for a little over a year now. I got here in early October. My guardian has been heavily abusive, both physically and verbally. She takes advantage of us not being in america and has cut my communication with everyone. I have no means of talking to... View More

Brent T. Geers
Brent T. Geers
answered on Nov 30, 2022

Without knowing all relevant details, it's hard to say. By your question, I assume you have US citizenship. If so, you may want to try contacting the US embassy or consulate.

1 Answer | Asked in Child Custody for Michigan on
Q: My Son is incarcerated, his ex is being investigated by CPS. MDHHS had a team meeting w/out him. Is this legal?
Brent T. Geers
Brent T. Geers
answered on Nov 26, 2022

Probably. Your son should have been appointed a lawyer, who may have participated in the team meeting.

1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on
Q: My ex makes me do all drop off and pick up.

The custody order does not specify who is responsible for pick up or drop off. She refuses to be helpful for pick up or drop off. If I pick up my son, and state that she is able to come pick him up whenever she can, is that illegal if she has majority? I am not telling her she cant access him I am... View More

Brent T. Geers
Brent T. Geers
answered on Nov 5, 2022

You will need to address the issue with the Maryland court if there is no agreement on the issue.

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 Criminal Law, Family Law, Child Custody and Identity Theft for Michigan on
Q: How can I get my name cleared after someone used my identity to make a false CPS report against my grandsons father?

It came to my attention by way of my daughters FOC case that I was being accused of making a false CPS report against my grandsons father. After doing a FOIA request to find out what this was I received the police reports along with 7 pages of a CPS LEN, all unredacted, and my name is listed as... View More

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

I'm unsure what you are asking. If your concern is that a call you made was reported inaccurately, that's one thing. If you're saying you never made a call, then that's a whole other thing.

The information you received through FOIA are reports, which are always subject...
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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 and Child Custody for Michigan on
Q: Hi I have sole physical custody parties have joint legal custody there's 0 over nights unless parties agree

Do I have to let him see his son? Is one question or can I tell him to take it court? He's been threatening court for 7years my son has been with me 7 years never left my side he's home schooled. The father smokes weed 24/7 found out he's been taking subtonin I forgot how to spell it... View More

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

You can certainly tell him to take you to court. If what you're saying about him is true, there sounds like quite a bit of stuff he should work on before spending time and money going to court, but I suppose that's his decision.

Just know, though, that many judges don't look...
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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My daughter is 12 she’ll be 13 in three months She don’t want to go to her dad house so I have to make her go

I am waiting on a court date to modify parenting and I am asking to modify parenting time because my daughter doesn’t want to go over her dad house all the time and she doesn’t like how he’s been treating her or the things he have said about me to her I hate having to make her go and here... View More

Brent T. Geers
Brent T. Geers
answered on Oct 1, 2022

You are doing the right thing by filing the motion. Perhaps there is something negative going on that your daughter is afraid of disclosing. Still, your duty is to comply with the parenting time order and continue facilitating her relationship with her father. Typically in these situations with a... View More

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: I currently have my children every other weekend and one weekday every week and have joint custody, The father just died

Long story short my exhusband lived with his parents so they helped raised my 2 boys for the last 10yrs of their life They decided to withhold this info from me because they did not want my boys to come to my house permanently since their father is not alive Another family member thought it was not... View More

Brent T. Geers
Brent T. Geers
answered on Sep 25, 2022

The police are right: this is a family court matter that needs to be addressed there. If you do not have legal custody of the children, it's possible that with the father dead, the grandparents would become guardians. And even if you have shared legal custody, the best interest of the child... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on
Q: Moving to another state to file divorce?

I am currently in a terrible marriage and would like to get divorced (living in MI) but i have no where to go or any financial support other than my family who lives in UT, my plan is to move to UT with my child and file for divorce, is there a certain way i should start this process?

Kyle J. Bristow
PREMIUM
Kyle J. Bristow
answered on Sep 21, 2022

You should immediately and privately consult with a lawyer in Utah to inquire about the state’s requirements to file for divorce. Many states have a waiting period for new residents before someone can file for divorce. Also, if your spouse has no connection to Utah, then an Utah court would not... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: If my aunt has guardianship of my daughter, is she allowed to let her live with us(her parents)?

My daughter's father and I lost custody in 2019. (It's a long story) We fought to get her back for 2 yrs. And then had to give my aunt guardianship so they wouldn't take our rights. She had cancer so she had to go thru chemo and radiation and a few months later, they told her she was... View More

Brent T. Geers
Brent T. Geers
answered on Sep 16, 2022

It's an uphill battle, but it can be done where the guardianship is terminated. Were your rights terminated - either voluntary or involuntary after a trial? That will determine whether it's a matter of terminating the guardianship or you becoming guardian of your own child.

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