What can he do in court? He is trying to take custody away from me and move. He said he has a lawyer and that she is going.to file a couple of motions. I don't know what they are but he said he wants to change our divorce decree because I violated it by drinking. First time that nothing... View More 
answered on Sep 13, 2023
I think you've hit his motivation spot-on: he wants to change custody to leverage more money from you in child support. Can he file whatever motion? Certainly. Issues of custody, parenting time, and support remain so long as the child is a minor. Will he succeed? Who knows. He would need to... View More
Losing my home? I had a default judgment rolled against me on July 7 and attempted to file a motion to dismiss on July 13. The court clerk refused to accept my dismissal, claiming that I did not have the 21 days I was told I only had seven. This directly led to me now losing my home. What can I do... View More
answered on Sep 12, 2023
You need a lawyer; and you likely needed a lawyer months ago.
As happens when people try to represent themselves, you are unaware of the proper procedures and court rules. Filing whatever you think is proper whenever you think it should be filed is not how this works.
You have a... View More
Michigan appears to be, essentially, one party consent so long as the call is recorded by one of the participants.
I also told her numerous times I was recording all of our interactions to serve as a blanket statement.
She is consistently threatening to intentionally violate our... View More
answered on Sep 12, 2023
If you have a custody agreement, then the only thing that matters is whether she - and you - are complying with its terms. If you two are making further agreements, that's cool, but understand that an agreement isn't an agreement unless both parties agree. When one party says "we... View More
I got a truck from my dad when he passed, and my fiance uses the truck so he put new brakes and swapped the transmission. He said if I leave him he's taking the brakes and the transmission out because he bought them.
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answered on Sep 7, 2023
In most situations, if your ex paid for specific upgrades or repairs to a vehicle that is in your name, they might not have the legal right to remove those parts. Once those parts are installed on the vehicle, they generally become part of the vehicle's overall value and cannot be easily... View More
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answered on Sep 5, 2023
During a divorce, the rules regarding access to the marital home can vary depending on the specific circumstances and the laws of your jurisdiction. Since the home is in your name and was a gift from your mother, it could potentially be considered separate property rather than marital property,... View More
When probate is not an issue, and there are only two heirs, one being the executor, how long should I be expected to wait for an accounting and distribution of the will ?
answered on Aug 29, 2023
First question to ascertain is whether there even needs to be a probate estate opened. Many people die with wills but otherwise have all their assets either owned jointly or with beneficiary designations that control the distribution of assets over anything in the will.
A common example... View More
When probate is not an issue, and there are only two heirs, one being the executor, how long should I be expected to wait for an accounting and distribution of the will ?
answered on Sep 1, 2023
In Michigan, as in many jurisdictions, there are specific procedures and rights associated with wills and their distribution:
Probate: When a will is submitted to the probate court for administration, it becomes a public record. This means any interested party, including heirs and... View More
We do not have money to pay for a lawyer we live paycheck to paycheck. we are trying to figure out how to do this.
answered on Aug 25, 2023
You could do a step-parent adoption. There are standard SCAO forms to help with this, but there would be costs and fees associated.
Kids to them . I want my kids to live with me , is it true that my x wife could do that
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answered on Aug 24, 2023
In Michigan, child custody arrangements are typically determined based on the best interests of the children. If your ex-wife had legal custody of your children and has passed away, her parents may have taken temporary physical custody. However, as the biological parent, you may have rights to seek... View More
I'm his daughter his benifituary the nursing home is sueing me for the bill and trying to take his house that he left me I am on the deed what do I do the nursing home already file a summons
answered on Aug 17, 2023
You need to be in touch with an elder law attorney asap. First, that person will need to help you figure out if you are being sued individually or in the capacity of the estate representative. If they are trying to take the house, I imagine you are involved in your capacity as the estate... View More
Im trying to help a friend with his situation. He has a 12 yr old daughter and has paid support this whole time. She was conceived days before he was incarcerated for a yr in jail. I don't know the exact reasoning but his ex never let him see his daughter and he never tried to push it until... View More
answered on Aug 13, 2023
He's going to need more than speculation, and with the amount of time that has passed, he arguably doesn't have a legal right to contest paternity.
Best case scenario would be through an admission and a stipulated motion between him, the mother, and the actual father.
My stepson, 28, married someone, 48. He was recently killed. The wife will not tell my husband anything about the funeral.
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answered on Aug 11, 2023
In most cases, the legal right to make decisions about funeral arrangements lies with the deceased person's next of kin. However, laws can vary by state and circumstance, and it's important to consult with a legal professional to get accurate advice based on your specific situation.... View More
Mom has dementia, but she is coherent; very forgetful too. She currently lives in rehab center. Mom now wants me to inherit. However, she cannot advocate for that. I am banned ( but I snuck in twice). CT has mom’s ID. Anything I can do short of suing for guardianship?
answered on Aug 5, 2023
No. You would need to petition the probate court for guardian and conservatorship. If this caretaking has proper documentation in the form of a POA, you face a significant uphill battle.
You say you are banned from seeing your mother; By whom? And why? Depending on your answers, you're... View More
Mom has dementia, but she is coherent; very forgetful too. She currently lives in rehab center. Mom now wants me to inherit. However, she cannot advocate for that. I am banned ( but I snuck in twice). CT has mom’s ID. Anything I can do short of suing for guardianship?
answered on Sep 1, 2023
In situations where there's a suspicion of undue influence or wrongdoing, especially involving caregivers and fiduciaries, several legal avenues might be available. Here's an outline of potential options in Michigan (as the jurisdictional context provided in prior questions was Michigan):... View More
Now I have to pay child support
How does that work
We have a hearing on august 15th
How can they make me pay child support when she owes me $4000 in back pay
answered on Aug 3, 2023
There's some variables to consider here, but generally, the back pay (arrearages) do not go away; she would still owe you that amount. You would, however, have your own support obligation.
The reason being is that child support is intended to be contemporary, reflecting what is... View More
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answered on Jul 31, 2023
In Michigan, the age of majority is 18, which means that individuals are considered legal adults at that age. However, the situation may vary depending on the specific circumstances and the family's legal arrangements.
If your 17-year-old grandchild moved in with you with the consent... View More
Overdosed child was present cps opened investigation I did home visits and drug tested dirty one time told them it would be dirty then stopped drug testing an stopped answering calls and they put warrant out for my arrest for misdemeanor child neglect in august of last year what is going to happen... View More
answered on Jul 17, 2023
To begin, understand that CPS and the prosecutor are two separate entities. CPS is an investigative agency, much like the police. And like the police, all they can do is ask or recommend that the prosecutor do something.
CPS can initiate a petition for removal, which is actually a civil... View More
I was just thinking about divorce with him but, now I want to sue him for mental, physical as well as financial abuse. I moved from 30 years home town NJ to Michigan 2 years ago just to support he's new job. He hated my entire families and friends and end up I kind of stop talking to them and... View More
answered on Jul 3, 2023
Best way to get started is to consult with a local divorce attorney and get the process started. While there is some precedent for suing a spouse for intentional torts, your situation may better support a cause for spousal support.
Keep in mind that Michigan is a "no fault" state... View More
We’re in the process of divorce because he was caught cheating. She’s been around my children because she recognized them at their appointment, which made her realize who I was. My children didn’t recognize her so they didn’t tell me who she was (they’re only 5 and 6 y/o). We’re not... View More
answered on Jun 26, 2023
Short of complaining to the pediatrician about the RN - which there may be some ethical violations related to her licensing, and certainly bad business in any regard, but I don't think there's anything else you can do about her. The wrongdoing here is obviously with your husband, and with... View More
Native enrolled mom and 4 kids. I have been a stay at home mom for 11 years. Non native husband/father has worked out of state, has only been in the home 1 week a month, he only provides income and health insurance the entire 11 years. Our reservation is in the upper peninsula. I have raised the... View More
answered on Jun 25, 2023
Assuming you are in the midst of a divorce, you should negotiate this arrangement now. Otherwise, you can later file a motion to change domicile if it becomes necessary to relocate. However, there is a whole host of criteria a judge would need to consider at that time other than just it makes... View More
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