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Michigan Family Law Questions & Answers
1 Answer | Asked in Family Law for Michigan on
Q: I have a question about court ordered visitation after the issue of Stay At Home order.

My husband and I are 68 and 69 years old. My husband has an autoimmune disease that affects his lungs...Wegeners Granulamatosis. He also has partial paralysis due to a stroke. Our son and 4 year old grandson live with us full time. Our son has sole custody of our grandson, legal and physical. Our... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 24, 2020

Family law attorneys' phones are ringing off the hook with just this sort of question. The latest order expressly provides that people may travel to facility court ordered visitations. And in fact unless ordered otherwise, existing parenting time orders remain valid and enforceable. Understandably... Read more »

1 Answer | Asked in Family Law, Child Custody and Probate for Michigan on
Q: My mom has custody of my 4 year old and sense guardian ship and guardian ship shes treated me like I'm nothing.

What do I do for visitation asking for a time to si down and go over times is always brushed off. I'm done asking her I want my visits

Kenneth V Zichi
Kenneth V Zichi answered on Mar 23, 2020

What does the Order granting guardianship say about visitation/parenting time?

Is it at the discretion of the parties? If so then you need to petition the Court that granted the guardianship to allow for parenting time/visitation if your mother won't cooperate.

If the order sets...
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1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Michigan on
Q: If a cps case was opened based on a child’s said abuse and later closed for lack of evidence even with the child’s word

Can I ask for a new investigation because after speaking with several specialists they don’t understand why the child’s word and the defendants history wasn’t enough evidence

Brent T. Geers
Brent T. Geers answered on Mar 11, 2020

Short answer is no. CPS is like the police; when you call the police, they come out and do an investigation. Sometimes they arrest people, sometimes they give a warning, sometimes they find nothing. The point is that once you call CPS, what and how they do their investigation is up to them - you do... Read more »

1 Answer | Asked in Family Law for Michigan on
Q: My sons half brother wants to live with my family and go to school with his brother. He is not enrolled in school.

What can I do to get temp custody so that he gets back into school

Brent T. Geers
Brent T. Geers answered on Mar 11, 2020

How old is he? What does his biological parent say about this?

1 Answer | Asked in Child Support and Family Law for Michigan on
Q: Ex owes $10,000+ in child support. Can I take legal action?

He hasn’t paid in almost two years and hasn’t seen his child in a year. He makes no effort to get a job or see our son, even though he lives 10 minutes away. I may be wrong and maybe there isn’t much they can do, but I feel like FOC isn’t doing anything about it. I am also paying extra for... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 9, 2020

The Friend of the Court is primarily responsible for enforcement actions. Eventually, if they haven't already, they will order him to appear in court for a show cause hearing, or they may elect to file criminal charges against him at some point. Unfortunately, there is little you can do that the... Read more »

1 Answer | Asked in Family Law for Michigan on
Q: is hard to get custody of your grandchild if he has been with you most of his life. he is 11years

his mom has been living with her boyfriend for 6 years. he is a severe asthmatic they smoke in the house and car with him. they also drink alot and fight . i feel in is very toxic in the house and dangerous. her boyfriend puts his hands on my daughter and i told her if she went back after getting... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 4, 2020

Where is your son in all this? Grandparents have very limited rights in Michigan.

1 Answer | Asked in Child Support and Family Law for Michigan on
Q: Can they reinstate my child support even if it was canceled six years prior by the ex and she didnt ask for it

I was given 50/50 custody with all support and arrears forfeited voluntarily by my sons mother in 2010. I was incarcerated fro. 2012 to 2016. She received healthcare for my sons from the state in 2016. 1 month out of prison, literally with the shirt on my back my only possession, while living in a... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 2, 2020

This happens a lot and here's why: When someone asks for state assistance for a child (e.g. MI Child, food stamps, etc.), you are inviting the state into your business. It does not matter what the mother says or what you both otherwise agree to.

Arrearages accrue from when a child support...
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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: can cps remove children with a safety plan instead of a court order?

Safety plan was unknown to mother

Daughter (1 of 3) children was assaulted, mother reported all known info of perpetrator to cps and state police

After daughter came forward there was a voicemail from a cps agent to the mother stating that she is not allowed to pick up her... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 2, 2020

Sounds like CPS would have had the removal order either way.

1 Answer | Asked in Family Law, Child Support and Civil Litigation for Michigan on
Q: Now that my son is 21 and I'm owed arrears of over 40,000, how to I get that enforced and paid?

My son was born in California in 1998 and a court order was put in place for the father to pay each month. He rarely paid and traveled to Mexico and different states to avoid paying. He put his assests in other peoples names. I live in Michigan and they said they cannot help me because my son is... Read more »

Brent T. Geers
Brent T. Geers answered on Feb 25, 2020

It sounds like the attorneys are telling you the right answers, albeit bifurcated. Do you ever make the California court order a Michigan order? If not, Michigan has nothing to do with enforcement of a California court order, and so the Michigan attorneys are correct that they can't help. The... Read 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 Family Law for Michigan on
Q: Father of my fiancé’s children who I’ve raised for the past 3 years is getting off of parole in MI for violent crime...

The violent crime was endangering the mother and the two children. He has lost sole physical and legal custody. He has since been released and is half way through parole. How do the kids mother and I make sure he cannot see them anymore after he gets off parole? Is it possible he can get visiting... Read more »

Brent T. Geers
Brent T. Geers answered on Feb 22, 2020

Short of termination of parental rights, there is nothing you can do to prevent this man from asking the court for parenting time. Granted, he faces a significant uphill battle.

If you were married, you could try a step-parent adoption whereby this man voluntarily relinquishes his parental...
Read more »

2 Answers | Asked in Family Law for Michigan on
Q: Hello can you use fraud on the court under the federal rule of procedure Rule 60 for a family court case?

Child support case where ex and her lawyer are submitting fraudulent evidence, lying to the court, etc

UPDATE:

I discovered many US family court cases that fraud on the court under Rule 60 was used. In Michigan Rule 60 must be verified in your jurisdiction to use it.... Read more »

Brent T. Geers
Brent T. Geers answered on Feb 22, 2020

If this is a family court case, Rule 60 is not applicable. If you believe your ex and her lawyer are falsifying documents and submitting them to the court, you best be prepared to prove it at a trial or evidentiary hearing. If you can, then the court can certainly issue sanctions against your ex or... Read more »

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1 Answer | Asked in Family Law for Michigan on
Q: Does the lawyer of an estate represent all the beneficiaries or only the trustee(s)?

The lawyer was chosen by the deceased parent (in Michigan) to handle the estate. The trustees are 2 of 4 adult children. All 4 are beneficiaries.

Brent T. Geers
Brent T. Geers answered on Feb 22, 2020

The lawyer would, most likely, represent the estate or trust and the trustee. A carefully crafted retainer agreement will actually spell out that the attorney does not represent the trustee to the extent he or she is also a beneficiary of the trust. Any beneficiary may retain separate counsel to... Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My son wasn't put on his daughter's birth cert & now the birth mom is denying all visits & communication for no reason.

My son's (he is 19 years old) daughter is almost 17 months old & we have had her almost every weekend since birth, including 3-4 separate times when her mother left her with us for 7-10 days while she was out of state. Her mom abruptly stopped visits but since my son is not on the birth cert, he... Read more »

Brent T. Geers
Brent T. Geers answered on Feb 22, 2020

Your son will need to start a paternity action to establish paternity. If you search on the State Court Administrator's Office website, you'll find the forms to fill out. You are right that establishing paternity alone will not change custody. Your son will then need to petition for custody and... Read more »

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: I have a judge from another county forcing me to pay additional childsupport when he isnt the judge over my case.

He isnt even the judge in the county the childsupport case is in.

Kendra Ortega
Kendra Ortega answered on Feb 14, 2020

If you believe that there are two child support orders from two different counties, you will benefit from retaining an attorney as soon as possible to have both proceedings and orders reviewed. You should have been served with a complaint or similar court documents when each case was started.... Read more »

1 Answer | Asked in Family Law for Michigan on
Q: I have a 12 yr old daughter and her mother has a no contact order where I can’t see or talk to my daughter. I can’t

Afford an attorney, so what can I do to get this order stopped. Her mother has 8 other children and there is an open CPS case right now involving one of her siblings. My daughter also had some history of cutting herself because she wanted to be with me and her mom won’t let her. I have been in... Read more »

Andrew M Steiger
Andrew M Steiger answered on Feb 7, 2020

If you cannot afford a lawyer, reach out to a local legal aid group. Contact the Michigan State Bar if you need help looking that up.

1 Answer | Asked in Family Law, Banking and Probate for Michigan on
Q: I need to petition for conservatorship for my 14 year old daughter to receive her inheritance from my Mother.

The inheritance is coming from a Canadian bank and in the amount of $5000 CA. They will not release the funds until they have conservatorship papers. What forms do I need to fill out?

Kenneth V Zichi
Kenneth V Zichi answered on Feb 4, 2020

You asked this elsewhere, but let me reiterate:

1) if your current bank won't work with you, go to a different one!

2) GENERALLY speaking, there are exceptions to conservatorship for assets worth less than US$5000 which this is.

3) Similarly a trust or some other structure...
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2 Answers | Asked in Family Law, Banking and Probate for Michigan on
Q: I need to become my 14 yr old daughter’s conservator.

My daughter has an inheritance named to her from my Mother. It is coming from a Canadian bank in the amount of $5000 CA.

The bank won’t release the funds to my daughter until I gain conservatorship for her bank account. What forms do I need to fill out to do this in Wayne County?

Andrew M Steiger
Andrew M Steiger answered on Feb 3, 2020

A court appointed conservatorship is a lot of effort for CAD$5,000. I would work with the bank to see if there is another option and point out that you are the child's parent. An easier option might be something like a UTMA.

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1 Answer | Asked in Family Law and Child Support for Michigan on
Q: I lived on the streets for a decade and a year ago I got help and I'm trying to dig out of it.When I went to foc they

Said I owed twice the amount.My ex got a court date and doubled my child support while I was living on the streets.How can they do this and nobody at friend of the court will listen.They keep saying that's what you owe.I feel like just giving up and going back to the streets. Any advice would be... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 29, 2020

I can appreciate your frustration. What happens is that FOC collects on and enforces child support orders as written. That means that it's on you as the payer to seek suspension or modification to an existing support order. Neither the court or FOC has any way of knowing you are unemployed,... Read more »

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