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Michigan Family Law Questions & Answers
1 Answer | Asked in Family Law for Michigan on
Q: My childrens father passed away in April. His new wife made all the burial decisions giving our children no say even

Even though my oldest children we very aware of his wish. It was later discovered that the new wife may not actually be his wife. We were unable to locate any marriage certificate on file and when we contacted the crematorium about how they verified the marriage making her next of kin. They... Read more »

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

Fortunately, a burial is reversible, whereas a cremation is not. Your oldest child could petition the probate court for an order to handle the affairs. But if it's shown that this other woman is in fact the wife, then she would have priority to make those decisions and there would then not be... Read more »

1 Answer | Asked in Family Law for Michigan on
Q: I need help getting my children home there is a guardianship placed in Wayne County and I live in isabella county

I am trying to bring my children home and having a hard time with not being given information or documents.

Brent T. Geers
Brent T. Geers
answered on Jun 27, 2022

You will either need to go down to Wayne County to get those documents and to appear in court there, or hire an attorney who can more readily handle a matter in Wayne County.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: Can someone with 50/50 custody make exchanges at the police station due to safety concerns?

My boyfriend has 50/50 legal and physical custody. Last time we picked up his daughter they sent a threatening message about calling the cops over my driving. Though we did not do anything wrong. My boyfriend feels unsafe and bad for his daughter and wants exchanges to take place at a police... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 20, 2022

He can. The parents can always agree on an exchange point; if no agreement, then whatever is in the order stands.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Mom tricked me into signing wrong papers giving her full custody of my children, it was only suppose to be temp.

She tricked me into signing a paper saying that it was temporary, and it was for full custody. She had a lawyer and I didn't I trusted her and she is living her second attempt at raising children with my kids, because I asked for help, she did this in order to relive her lost parenthood, and... Read more »

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

You're not going to get very far arguing you were tricked. You now need to focus on whether there is a legal change of circumstance or proper cause for the court to reconsider custody, and what are the best interest of the child factors.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Aunt is guardian my rights suspended she lives in Michigan I live in ky do I have to get lawyer up there in MI or KY

Aunt got guardian in MI do I have to go there and get my suspended removed and rights as there mother or can I do all this where I live in KY

Brent T. Geers
Brent T. Geers
answered on Jun 4, 2022

If the case is in Michigan then you would need to petition to terminate the guardianship here in Michigan or with a Michigan attorney.

1 Answer | Asked in Family Law for Michigan on
Q: My spouse died in Indiana in Feb 2022. I just found out. We have not lived together for 10+ years but never divorced.

I LIVE IN Michigan. What am I entitled to?

Brent T. Geers
Brent T. Geers
answered on May 27, 2022

You will need to consult an Indiana probate attorney. In many cases, you would still be entitled to a spousal elective share. What that is worth depends on what your spouse had at the time of death and how your spouse held that property.

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Federal Crimes for Michigan on
Q: I need to know how to go about reporting child abuse

It is extreme mental emotional and phycological abuse, as well as neglect.

Brent T. Geers
Brent T. Geers
answered on May 26, 2022

Call Child Protective Services.

2 Answers | Asked in Family Law and Probate for Michigan on
Q: Hello. Im in Michigan and I am filling out informal probate / personal representative form 558. I'm stuck on question 9.

I am on question 9. It states " I nominate _____ as personal representative, who is qualified and has the following priority for appointment _____. I am a only child and this news for my mom's estate. Do I just put then I am the only child

Kenneth V Zichi
Kenneth V Zichi
answered on May 23, 2022

The 'priority' for appointment is based on the Michigan Probate statute. If there is a will, the person named in the will has priority. If there is no will a surviving spouse does. If there is no surviving spouse all surviving children have equal priority.

If you don't...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Michigan on
Q: In an uncontested divorce, both of us want joint custody so does that mean we both pay half the child support?
Brent T. Geers
Brent T. Geers
answered on May 23, 2022

Good question and reasonable logic. Unfortunately, that is not the case. Child support is calculated using a formula that factors the disparity of income between the parents among other things. Even with joint custody, one parent is likely to pay the other parent some child support.

1 Answer | Asked in Estate Planning, Family Law and Probate for Michigan on
Q: Can my husband's sister contest a wife's rights to everything? Do I still need a will?
Trent Harris
Trent Harris
answered on May 20, 2022

By "a wife's rights to everything", I'm assuming you mean the surviving spouse's right to a share of an intestate estate. Generally speaking, if the husband dies leaving a probate estate and leaves a surviving spouse, the surviving spouse is entitled to the first $240,000... Read more »

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Michigan on
Q: Can a sibling sign herself up for POA over a parent who has dementia without informing her other siblings?
Kenneth V Zichi
Kenneth V Zichi
answered on May 12, 2022

No -- and there are several issues rattling around in your question that SCREAMS your family need to get real advice from a local estate planning attorney.

If someone lacks 'testamentary capacity' because of dementia or any other illness, they cannot create estate planning...
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1 Answer | Asked in Family Law, Adoption and Child Custody for Michigan on
Q: How can I go about getting guardianship or custody of my friend baby she is from Nj I am in Ohio
Brent T. Geers
Brent T. Geers
answered on May 9, 2022

Is there a father in the picture? If so, he will have priority over you if he is willing and able. If mom and baby are in New Jersey, than you all will need to deal with this there.

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Civil Rights for Michigan on
Q: Someone broke into my house and stole all my mail and personal documents with my identity information
Brent T. Geers
Brent T. Geers
answered on May 4, 2022

I assume you contacted the police? If so, you'll probably need a copy of the police report to show fraud on any of your financial accounts. Other than that, let the police do what they do.

1 Answer | Asked in Estate Planning, Family Law and Probate for Michigan on
Q: What do I need to file with the court when I find out my half sister was adopted out and in wasn't entitled to anything?

I'm going through informal probate. There wasn't a will. my half-sister took me to court a while back and I end up being made personal representative of the estate and I had asked my lawyer to find out if she was adopted and he said he asked her lawyer and he said no she wasn't... Read more »

Brent T. Geers
Brent T. Geers
answered on May 3, 2022

Her adoption status will not matter if it was a step-parent adoption; she is both the child of your common parent as well as her step-dad's, and can take from both estates. Likewise, half siblings are treated the same as any other child under the law.

Whether she's entitled to...
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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My JOD has a “stay in school district clause.” My ex wife wants to move my son out of dist. Is clause enforcible?
Brent T. Geers
Brent T. Geers
answered on May 2, 2022

Yes it is. Doesn't mean an argument can't be made by either party to change it based on best interest factors and what's going on now.

1 Answer | Asked in Family Law for Michigan on
Q: Can I sue CPS for negligence?

CPS was called on my parents when I was a child. I suffered emotional, physical, and sexual abuse at the hands of my father and CPS did nothing about it. Now I'm an adult with diagnosed PTSD as a direct result of that abuse. Can I sue them?

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

Short answer is no, and there are a lot of reasons why: immunity, time, fault, are just the tip here. CPS is kind of like the police in that they are called and they investigate. They can only take action based on their investigation. Now, you could certainly say they didn't do a thorough... Read more »

2 Answers | Asked in Family Law and Probate for Michigan on
Q: My dad died , he lived with his girlfriend she got a ppo against me I can't get to any paper work , how do I get that
Brent T. Geers
Brent T. Geers
answered on Apr 22, 2022

What paperwork do you need? You'll likely need to open a probate estate, which would give you legal authority to gather paperwork and other things.

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2 Answers | Asked in Family Law for Michigan on
Q: Could I marry my girlfriend who had a freak accident overseas for her to have the inheritance to cover her medical cost?

The reason is I am pending judgement on divorce case. She's a travel nurse and has no means to pay the bill in order to be released from the hospital in Turkey.

Vahit Bicak
Vahit Bicak
answered on May 6, 2022

Every couple has different reasons to get married. People come together for a myriad of reasons. The marriage authorities does not inquire reasons for marrying.

According to the Turkish Marriage Legislation and regulations, a Turkish national and a foreigner or two foreigners with...
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1 Answer | Asked in Contracts, Family Law, Land Use & Zoning and Landlord - Tenant for Michigan on
Q: Can I trespass someone from someone else's property with their permission?

For example, an uncle of mine owns a home near me in Michigan, but now lives in Kentucky. He allows his brother to stay in the house as long as he follows set rules. One of them is that he can't have his homeless friends hang over and stay the night. With him in Kentucky, it's hard to... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Apr 8, 2022

Your uncle could appoint you as his agent, giving you authority to act on his behalf. This does not necessarily need to be in writing, but under some circumstances, you might want to have it in writing. I don't know what it means to "trespass the undesirables from his property", so... Read more »

1 Answer | Asked in Family Law and Gaming for Michigan on
Q: Can my parents smash my stuff if I bought it with my own money

I'm 19 and live at home with my parents and right now we're in an argument and they're threatening to smash my PS5 that I bought with my money and I told them that they can't do that is that true

Michael Zamzow
PREMIUM
Michael Zamzow
answered on Apr 8, 2022

Well, think about it from a big picture. While, it is true that they cannot damage your property, if they do damage your property you're only reliable remedy is a lawsuit against them. It is also true that your parents can evict you. Every familial situation is different, you might look back... Read more »

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