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Michigan Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Is it illegal for MI CPS to mislead me and withhold facts I needed to make an appropriate decision and then take my kid?

MI CPS wanted me to participate in a program that required 10 hours/week and A person from the program told me it was voluntary and later said that cps could make it mandatory & cps worker told me that if I said no that they could take me to court to force me to comply or to take my daughter.... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 7, 2020

I'm unsure what facts were inaccurate. It sounds like CPS told you either 1) do this program, or 2) we'll file a petition that could lead to removal of the child. You choose not to do the program, and so they filed a petition along with an ex parte removal order.

The question now...
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1 Answer | Asked in Family Law for Michigan on
Q: How binding is a verbal agreement between two parents when it comes to parenting time?

Both my ex and I decided to not follow the parenting time court order this summer. We verbally agreed on other arrangements. I lived up to my end of the agreement and now he refuses to. What can I do?

Brent T. Geers
Brent T. Geers answered on Jul 7, 2020

Verbal agreements are worth the paper they are printed on. You can prove them by course of conduct, and if you are successful, you may have a way toward court enforcement of the remaining agreement. Going forward, it's always best to reduce agreements to writing. People's memories get... Read more »

1 Answer | Asked in Family Law for Michigan on
Q: My parenting time was Sunday June 28th at 6 to Sunday July 5th. My son's dad refused my time and ignored me. What can I

My parenting time was Sunday June 28th at 6 to Sunday July 5th at 6 this week. My son's dad did not let me have my son for no reason on Sunday June 28th. He found out from his attorney it was not legal for him to keep my son from me so after texting multiple times and asking, I'm getting... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 6, 2020

This is after the fact but this situation should be addressed with the Friend of the Court unless an agreement can be reached. Neither parent may deny the other parenting time without cause or order from the court.

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: How much time is considered reasonable notice/time for my ex to let me know he wants the kids for a weekend?

My ex moved from Michigan to New Jersey. Court order says he can have one weekend a month residing in Michigan but has to give reasonable notice. What is considered reasonable notice through the courts?

Mechelle Woznicki
Mechelle Woznicki answered on Jul 5, 2020

Reasonable is that amount of time which is fairly necessary, conveniently, to do whatever is required to be done. There is no set number in this situation, so reasonable is what both parents define it to be.

1 Answer | Asked in Family Law and Probate for Michigan on
Q: My father's current guardian is misusing his money and giving some of his money to her daughter.

Should I modify the guardianship and seek guardianship and conservatorship on my father . The conservatorship case closed.

Trent Harris
Trent Harris answered on Jun 22, 2020

You need to get a consult with an experienced probate attorney for these matters. There is a ton of additional information that needs to be discussed and considered, before anyone can give you an answer to your question. Call a probate attorney in your area, and set up a consult.

2 Answers | Asked in Family Law and Probate for Michigan on
Q: Hi I have a question about adult guardianship case. I want to terminate my Father's guardianship case.

Can I have power of Attorney over my parent if someone else has guardianship over him

Trent Harris
Trent Harris answered on Jun 22, 2020

No, you cannot have power of attorney over your father if he has a guardian. He has a guardian because he doesn't have the capacity to handle his own affairs, and thus he can no longer has capacity to appoint you as his power of attorney.

The alternative is that you could ask the...
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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My child's mom has physical joint custody I get parenting time for my children I live in Port Huron Michigan

My sixteen-year-old daughter wants to be emancipated to come live with me

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

Emancipation is different than custody. Your daughter would need to initiate emancipation proceedings, and convince a judge that she is able to live on her own. Coming to live with you is not emancipation, but a change of custody.

1 Answer | Asked in Banking, Child Support, Estate Planning and Family Law for Michigan on
Q: I live in michigan and have family court questions that the courthouse couldn’t answer. Who can i call to get answers.

I need help figuring out the legal options i have. My situation is complicated so a phone call would be the easiest route to discuss in further detail. Please help.

Kenneth V Zichi
Kenneth V Zichi answered on Jun 16, 2020

Courts are prohibited by law from providing legal advice. To do otherwise would make them biased by definition and unable to handle a case impartially.

You need to hire your own attorney especially if your situation is ‘complicated’. Your best option is to find a LOCAL lawyer as local...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Michigan on
Q: I been with him for 25 yrs..he was 21.. I was 13. Ive had 4 kids w him since 15. Will i get alimony?spousal??

I was 13 he was 21. Been with him 25 yrs. Have 4 kids...He treats me horrible and i want out. But he took EVERYTHING!!!! LEFT ME ON STREET. Also CHEATING on me w Facebook girls..have PROOF. & HE is a major alcoholic.

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

When were you married? Michigan is generally a "no fault" state when it comes to divorce and so for purposes of divorce, cheating doesn't really matter. Spousal support is possible, particularly in long term marriages (generally over 10 years), and when there is some fault attributed... Read more »

1 Answer | Asked in Family Law for Michigan on
Q: My ex won’t sign give me joint or rotate filing taxes I get her 3/4 nights and provide for her. What should I do next?

She won’t sign the affidavit for legal rights I have vacations planned and can’t get passports we broke up 6 months ago I’m tryna move on with life but want this paperwork in order also she being very unfair

Andrew M Steiger
Andrew M Steiger answered on Jun 5, 2020

A good custody/support agreement includes enforceable provisions related to child tax credits/exemptions. Without one, you would defer to the general rules regarding who qualifies as a dependents and who can claim the children. You may have to go to court to have a judge order cooperation and... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Michigan on
Q: I don't know where to start a divorce. concerns because my ex is being shady and we have a child

I'm a 23 year old female and he is a 26 year old male. This is both of our first marriage. We got married 12/07/2018. He keeps telling his friends and family one story as to why we are divorcing and tells me another story as to what he has told them. He has been active in smearing my name,... Read more »

Andrew M Steiger
Andrew M Steiger answered on May 28, 2020

You start by filing a complaint and serving him. At that point you can begin negotiating child custody, property settlement, etc. If he files first, you would be the defendant but that likely won’t change the outcome related to child custody at all. Michigan is a no-fault divorce state. What... Read more »

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: can my spouse cut me off of my accounts for money? Amidst travel during covid, he left me with no means to survive

We have been separated for years but been very cordial unless/until he dates this women years younger then him, then he starts spending everything he makes. I’m a stay at home mother to 16 year old triplets. I never spent any money on myself from accounts, only for bills and kids. I was traveling... Read more »

Kent Wood II
Kent Wood II answered on May 14, 2020

If you are a named account holder, no one can take your name off the account without your permission. BUT, any account holder can empty the account and then take their name off the account or just stop making deposits to the account.

It is difficult when it is "from out of...
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1 Answer | Asked in Family Law for Michigan on
Q: Can 17 year olds legally leave home and stay with someone else in the state of Michigan?
Kent Wood II
Kent Wood II answered on May 13, 2020

Under Michigan Law a Parent is required to provide for the financial needs of a child until they reach the age of 18, and potentially longer if that child has not graduated from high school yet. This requirement continues whether the child is living in your home or that of another. There is also... Read more »

1 Answer | Asked in Family Law and Adoption for Michigan on
Q: If a foster parent’s license is revoked, are they able to reapply for licensure? Is there a time period requirement?

Revocation recommendation was a result of agency retaliation against the foster parent.

Brent T. Geers
Brent T. Geers answered on May 8, 2020

There might be a time period requirement. But even if there's not, or you meet that requirement before reapply, understand that a great deal of discretion is in the hands of local DHS officials and the agencies themselves. At the least, your application will receive heightened scrutiny, and... Read more »

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: My brother in law is paying child support arrears on a child that is over 30 years old. However, he is experiencing a to

He is experiencing multiple health issues at time(diabetes, congestive heart failure and was recently diagnosed with prostate cancer). How can he proceed with requesting termination of the payments?

Brent T. Geers
Brent T. Geers answered on May 1, 2020

He will need to file a motion with the Friend of the Court.

1 Answer | Asked in Family Law for Michigan on
Q: What can I do to move my family out of state when the other parent doesn't agree to the move?
Brent T. Geers
Brent T. Geers answered on Apr 30, 2020

You will need to file a motion for change of domicile. You should prepare to present evidence that the move would be in the children's best interest and propose ways for them to continue their bond with the other parent. Often for school-age children, that will mean most of the summer and... Read more »

1 Answer | Asked in Child Support, Family Law and Tax Law for Michigan on
Q: Can a husband legally withhold $ from a joint tax return or stimulus payment from his wife?

Husband and wife separated in September, but filed taxes together. Their tax refund (and now stimulus payments) go into his bank account. They have 3 children, living with mom. Mom is on disability and is struggling financially, but the dad will not share the tax or stimulus money with her. What... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 30, 2020

Yes.

BY designating one spouses bank account for direct deposit and signing the return you have agreed that the funds will be deposited into that account. Once deposited the IRS has no further say in the use or allocation of the funds.

State property law will be used to determine...
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1 Answer | Asked in Family Law and Child Support for Michigan on
Q: I'm making more money and I want to have an idea of what my child support will be once it is reevaluated?

I have 3 boys ages 9, 8, and 5. We live in Ottawa County, Michigan. My ex has full physical custody and we have split legal custody. I have parenting time every other weekend. She doesn't keep a job very long and when she does is usually minimum wage. I went from making ~$15/ hour to almost... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 28, 2020

There is a lot that goes in to a child support calculation. Without knowing numbers, but assuming income attributed to the mother remains consistent, and nothing else changes except for your income doubling, you can roughly guesstimate that the amount you pay in child support will increase... Read more »

1 Answer | Asked in Family Law for Michigan on
Q: my husband has parenting time during the weekday. With schools being closed and online learning how does that affect

My husband’s parenting time with his school age children is every other weekend Friday thru Monday and on the weeks he does not have the kids for the weekend he is ordered Wed night to Thursday. Normally when school is open his drop off is at school Monday and Thursday mornings. How should his... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 28, 2020

Most courts are operating under the guidance that parenting time should continue to the extent possible as if school remained open through the regularly scheduled end of the school year. In your husband's situation, ideally, he and the mother could negotiate a drop-off time and location. If... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: No agreement no custody... ex has personal issues and trying to take my kids. But we have had a verbal agreement for 2y

Can she just take them I just got them monday

Brent T. Geers
Brent T. Geers answered on Apr 23, 2020

Are you the legal father? (e.g. affidavit of parentage signed and on file with the state). You cannot expect the court to enforce an agreement it did not make or have record of. You should file a custody action so that you get a written order that can be enforced in the future.

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