Michigan Family Law Questions & Answers

Q: My ex keeps taking our child somewhere I don't think is safe for him to be, can I legally have her not take him there?

1 Answer | Asked in Family Law for Michigan on
Answered on Feb 7, 2019
Brent T. Geers' answer
If you can articulate verifiable reasons to a judge that 1) she actually is taking your child someplace, and 2) it is unsafe for the child, then possibly. You will need more facts than just a feeling or belief that a place is unsafe. For example, if you think she's taking the child to a drug house, has there been a police raid or have people recently been arrested out of there for drugs? Again, it has to be more than just you thinking something is going on.

Q: If a father is not present at the time of birth can he be put on the birth certificate by the mother?

1 Answer | Asked in Family Law for Michigan on
Answered on Feb 3, 2019
Brent T. Geers' answer
Absolutely! Any number of fathers are unable to be present at a child's birth; it is not a requirement to be at the birth to be on the birth certificate.

Q: My husband has anger issues and has been getting increasingly worse.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Michigan on
Answered on Feb 3, 2019
Brent T. Geers' answer
Yes, but PLEASE see a local family law attorney immediately. There are legal and practical consequences to consider that an experienced and skilled family law attorney will know and advise you on.

Q: Can a father be forced to administer Doctor prescribed medication to the child when she is visiting with him?

1 Answer | Asked in Family Law for Michigan on
Answered on Jan 21, 2019
Brent T. Geers' answer
If the medication is properly prescribed, the father must comply. If he doesn't, mom can file a motion with the court.

Q: Do You Help with custody battles with parents who can't Co-parent with Thier Children's

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Answered on Jan 12, 2019
Brent T. Geers' answer
Your question is the essence of custody disputes heard everyday in courts. Without agreement, you'll need to be prepared to litigate the matter.

Q: My estranged husband dropped me from his health coverage while I am under a doctors care. Do I have any legal recourse?

1 Answer | Asked in Divorce, Family Law, Domestic Violence and Health Care Law for Michigan on
Answered on Jan 12, 2019
Brent T. Geers' answer
You will need to get about the business of filing for divorce quickly to fully resolve this issue. You may be entitled to free legal assistance considering your financial status and domestic violence allegations.

Q: My son is 8 years old. His biological father is aware that the child exists but is NOT on the BC or signed an affadavit.

1 Answer | Asked in Adoption, Child Support and Family Law for Michigan on
Answered on Jan 12, 2019
Brent T. Geers' answer
Quite likely, yes. That aside, it would seem that you could still proceed with a step parent adoption, having his rights terminated for non-support.

Q: Unlawful custody

1 Answer | Asked in Child Custody and Family Law for Michigan on
Answered on Jan 2, 2019
Brent T. Geers' answer
A lot of moving pieces here, but a paternity test is not a requirement for a man to be deemed the legal father to a child...especially if Mom is not claiming some other man is the true father. That said, it's likely - given that CPS was involved - that as part of the POA process, they also have Father and Mother sign an Acknowledgement of Paternity. And since his mom already has custody through the POA, she absolutely has standing to seek guardianship. Mom's mom may contest it - essentially...

Q: Can you be charged for a lawyer that you never used, hired, talked to or had a meeting with?

1 Answer | Asked in Family Law, Collections and Juvenile Law for Michigan on
Answered on Dec 13, 2018
Trent Harris' answer
Since you were a minor, your mother controlled your defense. It’s possible you were appointed a lawyer by the court and your mother talked to the lawyer without your knowledge. Nevertheless, the court believes the lawyer fee was part of your verdict/judgment, and that’s probably written in the judgment somewhere. $210 is pretty cheap to avoid having a criminal charge on your record which could prevent you from getting hired for employment, or getting an apartment. You are unlikely to win if...

Q: I recently had the state of michigan take all my money out of a checking and savings account. Leaving me with nothing.

1 Answer | Asked in Family Law and Child Support for Michigan on
Answered on Dec 10, 2018
Brent T. Geers' answer
Yes it is legal. The state apparently filed and received a garnishment on your bank account. Whatever was in your account is gone.

Q: I found out my children’s father had a warrant out for his arrest for driving with a suspended license.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Answered on Dec 8, 2018
Brent T. Geers' answer
You probably should file a motion with the court asking for an order that until he can present proof of having a valid driver license, he needs to arrange alternate transportation. Unfortunately, other than for the actual exchanges, you really have no way of controlling whether he'll ever drive with the child during his parenting time. If he is caught doing so, of course, he could be arrested.

Q: How can I get a court order for the other parent to do a dna test if he is in prison?

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Answered on Dec 8, 2018
Brent T. Geers' answer
By your question, I assume you believe this person is the father of a child. First step is to file a paternity case in the county you live in indicating that you believe this person is the biological father. He will then have the opportunity to affirm or deny that allegation. If he denies it, the court may order him to take a DNA test OR he would be presumed to be the father.

Q: My exhusband has only seen my kids one day in 3 years and wants to come get them and take them to Tennessee

1 Answer | Asked in Family Law and Child Custody for Michigan on
Answered on Dec 8, 2018
Brent T. Geers' answer
You should get the case transferred to your county here in Michigan since this is where the child no lives. The child, then, cannot be moved more than 100 miles or outside the state of Michigan by either of you without an agreement or the court's order.

Q: Does a trust override a will?Thank you

1 Answer | Asked in Family Law, Arbitration / Mediation Law and Probate for Michigan on
Answered on Nov 16, 2018
Trent Harris' answer
To answer your question, yes, a trust can "override" a will if the property that would've been transferred by the will has been conveyed into the trust before mom died. You should talk to an attorney, since the situation you are describing sounds like a trust/will contest to challenge the actions taken before mom died. Ownership of bank accounts is also a grey area, since if the other people were merely added for "convenience", then they may not have been intended as owners of the funds with...

Q: I’ve recently changed jobs & the cost for childcare has increased. Is the other parent required to pay half

1 Answer | Asked in Family Law and Child Support for Michigan on
Answered on Nov 12, 2018
Brent T. Geers' answer
You rightly identified the Catch 22 here. It wouldn't hurt for you to run the numbers of the online child support calculator to see how things might change just to be sure. But as you appear to realize, when you ask to recalculate support, it can go up or down.

Q: Can my exe Make me drive half way to pick up our child.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Answered on Nov 1, 2018
Brent T. Geers' answer
It sounds like that is the proposition on the table right now if you want to exercise parenting time. And I would expect the new parenting time plan to order meeting half way.

Q: What is the difference vs Major and Routine decisions when it comes to Medical and mental, for 50/50 JT parents?

1 Answer | Asked in Family Law for Michigan on
Answered on Oct 23, 2018
Brent T. Geers' answer
Based on just what you've stated, if I had to put on a black robe and decide right now, I'd say you are right about well child visits, but wrong on mental health sessions. The answer would vary based on what has been the child's medical and mental health history, and on whose parenting time are these appointments scheduled.

Is there a reason she won't agree to mental health treatment?

Q: Can my ex have my son around his new girl friend who has lost rights to her own children, michigan?

1 Answer | Asked in Family Law and Child Custody for Michigan on
Answered on Oct 23, 2018
Brent T. Geers' answer
You would need to make the case to the court that this woman presents a threat or danger to your child other than her past.

Q: What rights do I have if I pay child support? And how do I find out if I have legal rights?

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Answered on Oct 23, 2018
Brent T. Geers' answer
If you are ordered to pay child support, you are, most likely, determined to be the legal father of a child. With that comes the right to pursue custody and parenting time. However, that is on you to pursue and is not automatically given just because you are determined to be a legal father to a child.

Q: Mom took a phone away and won't give it back, and it was a gift to me?

1 Answer | Asked in Family Law, Child Support, Civil Rights and Constitutional Law for Michigan on
Answered on Oct 15, 2018
Brent T. Geers' answer
Sounds like there is some family dynamic issues going on that you should discuss with your mom. Aside from that, your mom is well within her right to take the phone away. Her house, her rules. If you are 18, or something like this happens after you turn 18, you could take the phone, leave, and find your own place to live.

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