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Michigan Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: How do I get my kids back after I went to jail an lost them
Brent T. Geers
Brent T. Geers
answered on Feb 5, 2023

Too broad of question to answer effectively. Did you go to jail, prison, or both? How long? Were your parental rights terminated, or was custody just changed to the other parent?

If your parental rights were not terminated, you have an uphill climb, but you'll want to work with an...
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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My son and his ex are having issues about their daughters Dr. The mother agreed to a pediatrician and 4 months later cal

Called the Dr and cancelled her appointments already scheduled and said she wanted everything transferred to the mother's family Dr. He obviously says no but she is doing it anyway. They have joint legal custody. Can she be seen by both of the Drs since this will never get resolved unless he... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 4, 2023

Your son has the same rights as the mother. Both parents should be informed of all doctors appointments. When it comes to contrary forms of treatment, that's when things get hairy. Ultimately, a motion may need to be filed so the court can order a particular doctor, or in extreme cases, one... Read more »

2 Answers | Asked in Juvenile Law and Family Law for Michigan on
Q: Can a probation officer remove the siblings of his client (my son)? He was the offender younger kids were victims.

My son is being convicted of CSC 1 and 2 counts CSC 2. The victims in the case are my younger kids. My younger kids are worried that they are going to be removed from the home. And the probation officer just scared them today by just showing up. So I was just wondering if a probation officer... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 1, 2023

The PROBATION officer won’t but protective services may have issues.

I hope this is already in the works but, you NEED to have both legal and mental health professional assistance for your family. Seek that help right away.

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2 Answers | Asked in Juvenile Law and Family Law for Michigan on
Q: Can a probation officer remove the siblings of his client (my son)? He was the offender younger kids were victims.

My son is being convicted of CSC 1 and 2 counts CSC 2. The victims in the case are my younger kids. My younger kids are worried that they are going to be removed from the home. And the probation officer just scared them today by just showing up. So I was just wondering if a probation officer... Read more »

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

The probation officer can't, but as Mr. Zichi indicated, CPS can. The probation officer can ensure that your son is not in the residence or having contact with your other children. This is likely already ordered as part of his pretrial release conditions; probation officers are charged with... Read more »

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1 Answer | Asked in Family Law and Child Support for Michigan on
Q: Can I be held in contempt and put in jail for back child support when my only income is SSI.
Brent T. Geers
Brent T. Geers
answered on Jan 20, 2023

Yes. But generally the dependent portion of your SSI serves as the child support payment.

1 Answer | Asked in Family Law for Michigan on
Q: My ex-wife's lawyer showed emails discussing a potential change of school to a judge. Doesn't that violate MRE 408?

My ex and I have had some heated email exchanges in trying to work out differences on school choice and other issues. Her attorney selected specific email and twisted them out of context in a motion. I considered a motion in limine but the judge already saw them. So, I tried to respond, but in a... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 19, 2023

I applaud your considerable efforts to know and understand the rules of evidence; many people representing themselves can't or don't.

That said, the answer to your question lies in a complete reading of the rule. It's often said that the devil is in the details, and there is...
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1 Answer | Asked in Family Law for Michigan on
Q: I need advice I’m 35 years old and my parents are holding my son from me how do I go about getting him from them?
Brent T. Geers
Brent T. Geers
answered on Jan 16, 2023

Your question doesn't lend a lot of facts to go on. Unless your parents have custody of your son by some court order, you should go get him, and with police assistance if necessary.

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: Can foc keep my fiancé son away from me not letting him get over nights over false accusations?

At the time i was just his girlfriend and his sons monther started a bunch of drama and i retaliated in text so then she accused me of hitting her son and she told them how me and his father were always fighting and breaking up they believed her. The text she showed in court where only of my... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 16, 2023

"They" are not doing anything. The child's mother made an accusation that FOC substantiated, creating this order. You being engaged does nothing; being married might help. But your relationship status has nothing to do with what the judge will find pertinent to changing this.... Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Is there a law which seperates the jurisdiction or ruling on individual custody cases?

I am currently seeking sole legal custody of my son and I dont have legal custody of my daughter. They don't share the same father. I currently have joint legal custody of my son.

Brent T. Geers
Brent T. Geers
answered on Jan 9, 2023

There is no rule on that but you definitely have two different cases, even if it may be with the same judge, and so the holding on one case shouldn't necessarily affect the holding on the other. In other words, it's certainly possible - and happens - for a parent to have custody of one... Read more »

1 Answer | Asked in Family Law for Michigan on
Q: Can I file for valid domestic partnership in Michigan in a different county even though I don't live there?

My boyfriend and I been living together for 6 years and don't want to marry but be legal in other aspects to receive benefits from one another. So we were wondering since East Lansing, Ann Arbor, and a few counties has a registry for domestic partnership should we file through one of them and... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 7, 2023

Good thought, but no. To receive the legal benefits of marriage - i.e. taxes, insurance, etc. - you need to be legally married as recognized by a state. Those individual registries are not the equivalent of legal marriage.

1 Answer | Asked in Family Law, Child Support and Civil Litigation for Michigan on
Q: How to get help with child birth costs? FOC won't help because bills are 3 years old. How can I get dad to help pay?

Custody order does state dad's responsible for 50% of these. I didn't know I owed the hospital $20,000 until recently and FOC only enforces health care cost reimbursement if bills are less than a year old. Bills are 3 years old. Can I still get help paying these and if so how?

Brent T. Geers
Brent T. Geers
answered on Jan 3, 2023

Probably not unless you can work out an understanding with him.

1 Answer | Asked in Family Law and Civil Litigation for Michigan on
Q: Does a Motion for Summary Judgement/Disposition replace a response to a complaint in a General Civil case? Default?

Is this a default if they did not also file a responsive plea? it has been over 90 days

Brent T. Geers
Brent T. Geers
answered on Dec 29, 2022

It can in some cases, depending on the issue(s) presented. And note that it's the plaintiff's burden to keep the case moving in that 90 day window you reference, otherwise the court may dismiss the case for lack of progress.

It sounds like you, or perhaps both parties, are...
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1 Answer | Asked in Family Law for Michigan on
Q: I have a family member live with me for 3 years now just recently left and I don't want them to move back in.

They took all of their belongings. Have not paid rent.

Brent T. Geers
Brent T. Geers
answered on Dec 28, 2022

If your question is do you have to let them back in, the answer is no.

1 Answer | Asked in Family Law and Domestic Violence for Michigan on
Q: Can a parent video tape

My ex-husband was picking up our son at my house as a parenting time exchange.( he did not get out of his truck) Isn’t it against the law to videotape without permission on one’s property?

I feel violated that he felt the need to videotape me at the door and my house. This person also... Read more »

Brent T. Geers
Brent T. Geers
answered on Dec 19, 2022

It's not necessarily illegal to videotape on someone's property and what's otherwise in public view. You can tell him to stay off your property, but nothing stops him from recording from the street. If you feel harassed or intimidated, you can seek a PPO.

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: Lying in court

My girlfriend may be about to start a custody battle with her kids’ father. He is most likely going to try to get 50/50 custody. He is $5000 behind on child support. He has no drivers license, yet still drives with the children. He will try to lie and say things are different than they are. He... Read more »

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

Sure is! Respond, appropriately, to his allegations. If he's filing, you will receive his allegations in writing; you may file a written response to them. In court, you will also have an opportunity to respond to any allegations made.

The judge's job is to assess credibility. Some...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: can a parent get custody if they don't have a job?

my girlfriend has two children. right now, the arrangement is that she has the kids Monday to Friday, they go with their dad Friday night till Sunday night. he is about $5,000 behind on child support. his driver's license is suspended (he still drives even with the children). he says he... Read more »

Brent T. Geers
Brent T. Geers
answered on Dec 12, 2022

Whether he has a leg to stand on is to be determined. The person asking for a change has the burden to prove it. From what you describe, I'm not seeing much reason to change this. That does not mean he won't try.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: I share custody with the father of my child. I want to enroll her in school, but in my district, he wants his. ?happens?

I share 50/50 legal and physical custody. My ex lives 40 minutes away from my home. I have lived in my school district and raised my daughters there for the past 16 years, now its my three year old turn to start kindergarten, but he will not agree to my school district. Instead, he is proposing we... Read more »

Brent T. Geers
Brent T. Geers
answered on Dec 12, 2022

Best solution would be to get ahead of this and file a motion with the court to determine. I think you are in pretty good shape having had kids already in the district, and you actually living there. I don't see a court ordering a school district that neither of you live in.

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 Family Law for Michigan on
Q: I was in Family court trial 10/20/22 I just found out after I lost my case my lawyer die 10/22/2022, what should I do.

The case was about me defending my parental rights for my daughter.

Trial Started 10/20/22 it continue until 11/2/22 on 11/28/22 I got the verdict that I lost my parental rights. In this time they replace him with a criminal lawyer

Brent T. Geers
Brent T. Geers
answered on Dec 6, 2022

Not sure what your question is, but you have a right to an appeal, and hopefully you have submitted that paperwork to the court already. They will then appoint you a different attorney to see what the issues are.

1 Answer | Asked in Family Law and Personal Injury for Michigan on
Q: My daughter is sueing some doctors for malpractice for her miscarrying my grandson's. I was there can I sue also?

I caught both my grandkids when they was born deceased and took her to all her Dr appointments

Brent T. Geers
Brent T. Geers
answered on Nov 23, 2022

You would not have standing to sue simply by you being present.

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