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Michigan Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Men who own property before marriage, does it automatically become joint property if he should divorce?

Long story short, my brother owns a farm with a house on one side of the street and another house, he built, on the other side. He owned both before he married. He wants and needs a divorce. He is selling the big house and moving into the little house with the farm because she has financially... View More

Brent T. Geers
Brent T. Geers
answered on Jun 10, 2024

I think he needs to think through this from the standpoint that the properties are likely part of the marital estate that would be divided through divorce. There are exceptions to that, but then he needs to consider whether 1) those exceptions apply, and 2) whether it's worth the cost to... View More

1 Answer | Asked in Identity Theft and Family Law for Michigan on
Q: If someone files court papers with someone elses information is that identity theft

My boyfriends mom possibility filed court paperwork with his name against the mother of his child in regards to grandparenting rights, we are unsure if thats legal without his consent and what it falls under if it isnt legal. We guessed identity theft but we were unsure. We are currently trying to... View More

Brent T. Geers
Brent T. Geers
answered on Jun 6, 2024

It sounds, likely, that your boyfriend's mom filed a petition for grandparents rights on her own behalf. Such petition would necessarily allege her relationship to the child through your boyfriend, which is likely why he would be named in it.

If that is not the case - e.g., she filed...
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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 Banking, Elder Law and Family Law for Michigan on
Q: My aging parents asked me to put myself on their bank accounts to assist in paying bills. Are their any risk with this?

My Dad has a brain injury and my Mom is bad with paying bills. I am fine with being on their accts to help with finances. I want to make sure that if my Dad were to get into an accident or lawsuit that my being on their accts does not put me in a position to have someone come after my husbands... View More

James L. Arrasmith
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answered on Jun 2, 2024

Putting yourself on your parents' bank accounts can make it easier to manage their finances, but it does come with potential risks. If you are added as a joint account holder, you could be considered equally liable for any debts or legal issues associated with those accounts. This means that... View More

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Sold house during a divorce. Locks have been changed so I can’t access inside. Can I gain entry by any means?

Technically is the house still ours until move out date? And can I get into the house by any means to get my stuff out of house?

Brent T. Geers
Brent T. Geers
answered on May 30, 2024

Are you selling the house through realtors? You should be in contact with your realtor. Ordinarily, yes, you would have access to the house until a date determined in the purchase agreement or at closing. But you cannot use "any means". Further, it will depend on what your court orders... View More

1 Answer | Asked in Family Law and Social Security for Michigan on
Q: My mother passed away and her husband of less than 5 years recieved her Social Security. is that legal?
James L. Arrasmith
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answered on May 27, 2024

I'm sorry for your loss. The legality of a surviving spouse receiving Social Security benefits depends on several factors. Here's some general information, but please note that individual circumstances may vary:

1. Marriage duration: If your mother was married to her husband for...
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1 Answer | Asked in Divorce and Family Law for Michigan on
Q: My question is about alimony and a divorce married 22 years

I've been married 22 years I have been disabled 4 years prior to being sent away with our son and a house that we shared that he didn't want and I have been paying for all the things that have been going wrong with the house and I only make $966 a month so I'm just wondering if I am... View More

James L. Arrasmith
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answered on May 25, 2024

I understand you are going through a difficult time and have concerns about alimony and your financial situation after a long-term marriage. While I can provide some general information, please note that laws vary by state and individual circumstances are unique, so it's always best to consult... View More

2 Answers | Asked in Divorce, Real Estate Law and Family Law for Michigan on
Q: Do i have any legal rights in this situation?

I've put over 400K into property to develop it and build a huge pole barn, paid numerous mortgage payments as well as put another 10k cash on principle. Since i haven't been able to get on the property and having excuses time and time again I'm leaving but would like to know if i... View More

Kenneth V Zichi
Kenneth V Zichi
answered on May 14, 2024

In GENERAL a verbal contract is worth the paper it is written on.

In the case of real estate however, there is an actual rule called the "statute of frauds" that says 'if it isn't in writing it is not enforceable. So -- your assumption was it was 'joint'...
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2 Answers | Asked in Divorce, Real Estate Law and Family Law for Michigan on
Q: Do i have any legal rights in this situation?

I've put over 400K into property to develop it and build a huge pole barn, paid numerous mortgage payments as well as put another 10k cash on principle. Since i haven't been able to get on the property and having excuses time and time again I'm leaving but would like to know if i... View More

Brent T. Geers
Brent T. Geers
answered on May 14, 2024

Is your name on the deed? If not, and since you are not married, you may be out-of-luck. If your name is on the deed, then you would have the right to force a sale, which may likely result in the other person writing a check for you for your portion of the proceeds.

This may be harsh, but...
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1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: My granddaughter is in prison for26 more months an her daughter dad wants her to sign a paper giving him full custody

She said no when she gets out will she have trouble with that

Brent T. Geers
Brent T. Geers
answered on May 6, 2024

Your daughter is in a tough spot. She may find herself without much of a choice between giving the father full custody or having her parental rights terminated. It will, undoubtedly, be an uphill battle to even shared custody upon her release unfortunately.

1 Answer | Asked in Family Law and Criminal Law for Michigan on
Q: A girl 10 discloses to mother sexual touching by father no criminal charges is this a confirmed case of sex abuse

Defense counsel says this case can’t go forward bec not a confirmed case of sexual abuse bec no physical evidence and no criminal case please help

Brent T. Geers
Brent T. Geers
answered on Apr 29, 2024

By "confirmed case" do you mean for the family court to take action on the allegation? Different standards apply between family and criminal court as to what is actionable and even what is considered a "confirmed case". If there are not already criminal charges filed, I can only... View More

2 Answers | Asked in Contracts, Family Law, Child Support and Collections for Michigan on
Q: When it is the state that is in court as the plaintiff how can that case be tried as not to be impartial to the state

How can the friend of the court enter you into a contract without your consent and don't you have the constitutional right to contract or not to contract

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 7, 2024

Apparently, you are a New York resident who has an open child support case in Michigan and appeared in a Michigan court. I assume the State of Michigan was the complaining party. Under the child support laws of all 50 states, as required by federal law, each state has a state agency to collect and... View More

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2 Answers | Asked in Contracts, Family Law, Child Support and Collections for Michigan on
Q: When it is the state that is in court as the plaintiff how can that case be tried as not to be impartial to the state

How can the friend of the court enter you into a contract without your consent and don't you have the constitutional right to contract or not to contract

Brent T. Geers
Brent T. Geers
answered on Apr 7, 2024

If it's child support that the state is trying to collect from you, your "consent" is not required. By being the legal father to a child in Michigan who either has or is receiving state assistance, you are on the hook for child support. Simply put: the child's right to the... View More

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1 Answer | Asked in Family Law for Michigan on
Q: 1st hearing, shouldn't I of received, evidence against me, medical orders, statements, disclosure? Paperwork?
Brent T. Geers
Brent T. Geers
answered on Apr 1, 2024

Not necessarily. Is this a custody or divorce case? If so, the 1st hearing is usually to establish a temporary order: figure out what's going on and how to keep things from getting worst. There's usually a lot of discovery and exchange of evidence left to do.

1 Answer | Asked in Contracts, Family Law and Real Estate Law for Michigan on
Q: I currently live with my boyfriend in a house that he solely owns. We do not want to marry. I recently sold my home &

have been thinking of making some major renovations to his home. However, I want to ensure my investment is protected in case he dies, we separate, etc. What is the best option to accomplish this? Note, he is in full agreement of us having some type of legal document to protect both our interests.

Brent T. Geers
Brent T. Geers
answered on Mar 28, 2024

Best option would be to put your name on the deed as a joint owner. That way, even if you separate, you would be entitled to a portion of the proceeds upon sale of the house. Another alternative would be for him to complete an estate plan, and preferably a lady bird deed naming you as the... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Civil Rights for Michigan on
Q: I want to sue my husbands ex wife and sisters for attacking me in 2018 when I was 5 weeks pregnant. He has autism

I was verbally and physically attacked by my husbands sister and his ex planned it even omitted to it. She even began rumors saying I was a homewrecker causing more stress. She even attempted to have me assaulted with wine bottles by her cousins two them and yes she drove the car. I want to sue... View More

James L. Arrasmith
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answered on Mar 28, 2024

In situations where you've been subjected to physical and verbal attacks, pursuing legal action is a pathway many consider to find justice and potentially deter future incidents. Your desire to sue for the distress and harm caused, especially during a sensitive period like early pregnancy, is... View More

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Michigan on
Q: Is their common law marriage or cohabitation rights in Michigan?

My father is 84 years old in the early stages of demensia/Alzheimers. He has a girlfriend (58 yrs old) who has lived with him for approximately 6 years. If my father goes into a nursing home or passes what rights will she have, if any? To my knowledge, he has a will that my mother and him put... View More

Douglas E. Kuthy
Douglas E. Kuthy
answered on Mar 27, 2024

There is no such thing as common law marriage in MIchigan. There are no rights obtained from co-habitation. You appear to be on the right path but I would suggest that you also have a complete estate plan prepared for him including a trust while he is still competent enough to know what he is... View More

1 Answer | Asked in Child Support and Family Law for Michigan on
Q: Does friend of the court charge for their services? Should child support received be the same as amount deducted?

Does employer have to send income withholding amount in a certain amount of time? If they don't what can I do? How come amount deducted isn't the same as amount received?

Brent T. Geers
Brent T. Geers
answered on Mar 25, 2024

There is a fee for services, which is why the amount deducted doesn't match the amount received. Your employer must comply with the income withholding order timely. But ultimately you are responsible for the entire amount owed.

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Family Law and Child Custody for Michigan on
Q: I called 911 because my camera caught a ex touching my daughter I showed police who stated it look to be a relationship

He lost my phone and now are adopted out my kids this happened August 2023

James L. Arrasmith
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answered on Mar 20, 2024

I'm so sorry you're going through this incredibly difficult situation. Losing custody of your children due to suspected abuse must be devastating, especially if you believe there has been a misunderstanding. A few thoughts:

- If this happened very recently in August 2023, you...
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1 Answer | Asked in Family Law and Child Support for Michigan on
Q: Arbitration and modification of child support

I have a high conflict custody case that has been going on for 2 and a half years with no end in sight. My original lawyer told me to agree to an arbitration because it would be cheaper but my legal fees have already superseded $200000. That arbitrator order me to pay child support for $1900 a... View More

James W. Kraayeveld
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James W. Kraayeveld
answered on Mar 18, 2024

Have you had a local attorney do a case review for you? Your notes do not provide sufficient information for me to assess why you are still stuck dealing with the arbitrator? On the one hand, it seems that you received a final custody order, and that often ends the order to arbitrate; on the other... View More

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