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Michigan Civil Rights Questions & Answers
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 Civil Rights, Elder Law and Probate for Michigan on
Q: What do I need to file in order to be added as an interested person? Person is still living. More details included.

A man who was like a father to me growing up is now under probate court. His cousins have guardianship and conservator. They said now is not a good time. I've gone to his old residence a few times and they're refusing to tell me where he is now living. What I've gathered is an... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 31, 2021

You're in a tough spot. If his family is unwilling to tell you where he is, you could try going to the probate court to look at the record. But even with that, his family could legally tell the facility not to let you see him. Whether they would do that or not, we can't tell.... Read more »

2 Answers | Asked in Legal Malpractice, Criminal Law, Civil Rights and Probate for Michigan on
Q: Is there a way to find out if a guardian of a deceased legally incapacitated adult took out a life insurance policy?

I already asked the funeral home for documentation. I was not notified of my child's death and do not know what actually happened.

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

Best thing to do would be to go to the probate court. There should be an accounting filed, which would list everything.

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1 Answer | Asked in Civil Rights, Consumer Law, Products Liability and Banking for Michigan on
Q: Is there any legal action I can take against him?

I opened a bank account and was going to have my boyfriend added as a joint account. We got the paperwork filled out and went to go process it but it didn't process because he is in collections with his separate bank. We were told he needed to pay that debt of 1st before he could be added.... Read more »

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

Do he clear up the debt with the other bank first? I would contact the bank, then the police to file a report.

1 Answer | Asked in DUI / DWI and Civil Rights for Michigan on
Q: If I have a Felony OWI from 2011. Can I ever purchase a fire arm. If not, can I go to court to restore that privilege?
Brent T. Geers
Brent T. Geers answered on Dec 13, 2021

Possibly. You can petition to have the court restore your civil liberties (e.g. gun rights).

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Health Care Law for Michigan on
Q: Are there lawyers that still believe in the oath they swore to defend people in the court of law

I don't know much about laws and court but I do know right from wrong I need help

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

When a lawyer is in good standing, they deserve to be presumed to be zealous advocates for their client. What clients sometimes don't realize is that defending people does not include advancing unfounded theories, whether grounded in fact or law, or presenting false facts or statements. A... Read more »

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 »

1 Answer | Asked in Appeals / Appellate Law, Family Law, Civil Rights and Juvenile Law for Michigan on
Q: CPS used threats for compliance. There is proof, how can that help an appeal of termination of parental rights?

Cps threatened to have kids removed, foster care worker lied, refused services, added heresay statements on record, denied parent access to children for medical, dental, and school appointments

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

For the uninitiated, you will find "threats" mean something different in the legal world. When CPS (or police, prosecutor, attorney) says "if you don't do this, I'll do that"...and the "that" is something lawful - meaning under the law, they, or a judge, can... Read more »

1 Answer | Asked in Civil Rights and Landlord - Tenant for Michigan on
Q: I am being discriminated against by my landlord. I am a white person and she is an african american. She has made raciaL

She recently purchased the property and has made racial slurs to me. This is discrimination and I need someone to help me file a lawsuit. Thank You

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

You need more than slurs to successfully file a law suit. That's not to say she hasn't committed a crime; that's somethig for police and prosecutors to figure out. Other than being a rude and belligerent person, how has she discriminated against you? Is she evicting you?

You...
Read more »

1 Answer | Asked in Civil Rights for Michigan on
Q: I have a civil rights case going, and I wonder how long it takes to complete. It was filed in 2019.

I’d like to wrap this up but I’m thinking parties are feeling sorry for the attorney that had done so wrong to many. I say go for full settlement I asked for and let’s move on with our lives.

Brent T. Geers
Brent T. Geers answered on Sep 29, 2021

You really need to be asking your attorney this question. Civil lawsuits can take years. If by "full settlement" you are asking for the most allowed by law, then just know that you are forcing everyone's hand to trial. Why would anyone agree (settle) for the full amount asked for?... Read more »

1 Answer | Asked in Civil Rights, Child Support and Employment Discrimination for Michigan on
Q: Are nt my civil rights being violated when conditions are forced that disable my career potential (20 yrs now)?

My life has definately been distorted by courts holding driving license, garnishing wages, jailing me.

Brent T. Geers
Brent T. Geers answered on Sep 27, 2021

Interesting argument, but no. First, there is no constitutional right to a driver license. Second, your right to due process affects that and everything else. Importantly, you had notice, and likely opportunity to object and show why the action is wrong.

1 Answer | Asked in Civil Rights for Michigan on
Q: I was ordered to have fingerprints taken after getting two civil infractions. What will happen if I don't get them taken

Is there any way I can legally deny.

Brent T. Geers
Brent T. Geers answered on Sep 24, 2021

You would be in violation of a court order. If your position is that you are not legally required to do so, you should research the applicable law, and preferably through an attorney, file the proper paperwork to oppose the order. You may find, though, that this is not the hill you want to die on.

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Michigan on
Q: The question is long so its in more info plz help

If my ex and i presumably have a child, and she was married had the husband sign the birth certificate with out my knowledge, and ive been sending money to help support and I find out the child is is not mine would I be able to sue to get money that I sent for presumed child if i have records ?

Brent T. Geers
Brent T. Geers answered on Sep 15, 2021

Doubtful. It sounds like at this point you are sending her money out of the goodness of your heart and not pursuant to any order - in other words, the money you gave could be considered a gift. The law presumes that each party performs due diligence, and it doesn't sound like you took any... Read more »

1 Answer | Asked in Criminal Law, Arbitration / Mediation Law, Civil Rights and Environmental for Michigan on
Q: have a general question about noise. I have very sensitive hearing and autism and other disorders. I've contacted the bu

have a general question about noise. I have very sensitive hearing and autism and other disorders. I've contacted the business and the police about the noise but unfortunately it's gone on deaf ears. They keep playing music outside that's pounding and I'm right behind their... Read more »

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

You could try contacting the city's neighborhood / code enforcement section. If the offending property is a business, there could be some abatement issues they could consider. But if the noise falls within the city's code concerning noise (e.g. it's within prescribed reason, etc.),... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: Act 451 of 1976 Sec 1307b subset (H) Any Restraint the negatively impacts breathing. Can we opt out of mask wearing?

I'm concerned for my son wearing a mask 8 hours a day in school (the currently requirement) Can we opt out of mask wearing and be protected under this law?

Brent T. Geers
Brent T. Geers answered on Aug 26, 2021

No. That statute applies to school personnel and what can be done to students within the school. School officials have an obligation to follow applicable laws. The mask mandate comes from county health departments. School officials must follow those orders, and they would be acting under color of... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Michigan on
Q: Michigan,,,,How long do i have to press charges against someone who assaulted me,,,,,,I do have a police report

I live in an apartment building where i was assaulted,,,,I did not press charges,but was asked,,because i did not want to cause trouble.One week later i received an eviction notice,,,The man who assaulted me is dating the landlords sister,,,,nothing is being done to him...Their was another assault... Read more »

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

You could contact the police again and let them know you now want to press charges, although the prosecutor may elect not to pursue it given that your changed mind.

You could challenge the eviction. But do you want to continue living with a landlord like this?

1 Answer | Asked in Constitutional Law, Criminal Law, Federal Crimes and Civil Rights for Michigan on
Q: Where does Congress get its constitutional authority to pass federal criminal and civil laws? Congress has the enumerate

authority to pass criminal laws when crimes happen on federal territory, on the high seas, relating to piracy, and in the military. Most say Congress can make criminal and civil laws using Clause 3 of Article I Section 8 of the Constitution (regulating interstate commerce), but isn't the... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 29, 2021

Good questions. Federal crimes are connected to interstate commerce. Commonly, federal criminal cases involve multiple defendants in multiple states. Guns used in crime came from somewhere, and usually not from the state where the crime occurred. For example, a gun may have been stolen from someone... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: My son stole my car title and gave it to his grandfather. (Due to him thinking I owed his grandfather a debt.

I attempted to file charges on him today. Officer refused, because he said, I should have filed 2 months ago, when I found out. I wasn't sure 2 months ago. Today, I am sure. What recourse do I have? My son is 29 and has not lived with me for 7 years.

Brent T. Geers
Brent T. Geers answered on Jun 26, 2021

Has the title been signed over to grandfather? In other words, did your son forge your signature? If he just stole the physical title, you can get a new title from the Secretary of State. If you do discover that a title has been actually signed over, I would think the police would be more... Read more »

1 Answer | Asked in Landlord - Tenant, Contracts, Civil Rights and Communications Law for Michigan on
Q: My landlord came to mobile home the other day, to set up a rent payment plan.(As the owner does not want to be a part

Of the Gov.Cera plan, or MSHDA. He proceeded to tell me how he doesn't think I have a disability, I should go back to work

He's in pain everyday and he works, He doesn't feel as tho anyone should be on disability.Any insight, Because I'm really

Brent T. Geers
Brent T. Geers answered on Jun 26, 2021

Are you already renting under MSHDA or some other program? Your landlord does not get to decide if you are disabled or whether you qualify under any program.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Michigan on
Q: can i request a new attorney if mines is working with the judge to prolong my kids coming home even if i did everything

my attorney is supposed to work in my defense but shes working with the judge to keep my kids in foster care, even after me completing everything they have asked of me. my last court date was a total mess. nothing was accomplished o n their end so its like they are stagnating me. like i said before... Read more »

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

Child protective proceedings are an entirely different process, and decisions to move or reunite children are not made quickly. If you are 90 days into the case, I would actually be shocked if you said the court returned the kids to you that quick. The idea is that the court needs to see stability;... Read more »

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