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Michigan Family Law Questions & Answers

1 Answer | Asked in Family Law and Juvenile Law for Michigan on

Q: My 18th birthday is 9 days away, and I was wondering if I could leave home early? Would I be returned home? In Michigan?

Kenneth V Zichi answered on Jun 19, 2019

LEGALLY you aren't an adult until your 18th birthday.

PRACTICALLY a week is a pretty darn short time for you to be 'found' and returned home, and conversely a pretty darn short time to wait for you to 'make your move'.

Before you do anything however, it behooves you to look more...
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1 Answer | Asked in Divorce, Domestic Violence and Family Law for Michigan on

Q: Where does a mother of 3 go to seek financial help with a divorce in Ionia County, MI? Husband has been abusive, also.

Income is under $30k. I have been trying to help my friend to get a divorce as the situation is not good but she struggles financially. Everyone wants $3-6k down to start a divorce and she does not have the means to do so.

Brent T. Geers answered on Jun 18, 2019

Contact your local Legal Aid office. Certainly, her income will be a factor to qualify, but domestic violence is also a consideration for help. Otherwise, you may call the local bar association or the state bar association.

1 Answer | Asked in Family Law and Child Custody for Michigan on

Q: Can my fiancé's X keep me away form their daughter when all she has is supervised visits?

Last week Friday, the judge gave my fiancé temporary custody of his daughter. With mom having supervised visits. Can she make it so that I have to leave my home? I live in with him and our 2 kids?

Brent T. Geers answered on Jun 12, 2019

If she has supervised visits, quite frankly I don't see her being in a very good position to push for anything from the court. Of course she can make the argument that you shouldn't be around during her parenting time. And because you are not legally married, I think a judge would consider her... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Michigan on

Q: Can I get custody of my niece?

My niece was removed from her mom due to drugs. My brother(out of state not in the picture) is the biological father. When my niece was removed she was placed with the mothers sister. My niece has recently been removed because of the aunt had kids fighting at her house and it is an unstable... Read more »

Brent T. Geers answered on May 27, 2019

Your ability to intervene depends in part on your brother's legal status to the child. I understand that he is the biological father, but is he the legal father? It sounds like with the removal, this case may be heading toward a termination proceeding, in which both the mom and your brother's... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Michigan on

Q: Child abandoned by mother, should we worry about her coming back?

My boyfriend has had his daughter full time since she was born, he and his ex lived in an apartment in Nevada at the start and tried living life the "normal" way. Soon after (about 4 months after birth) the bio-mom started partying and not being responsible. She has a lengthy history of drug abuse... Read more »

Brent T. Geers answered on May 25, 2019

One question that needs to be addressed is why does your boyfriend's parents have guardianship. That aside, ex-girlfriend could not just show up and take the child. She could, of course, reenter the picture. But given the amount of time that's passed, and the other issues going on with her, I would... Read more »

1 Answer | Asked in Divorce and Family Law for Michigan on

Q: My husband's biological kids are in foster care currently, placed with his mother. Can a judge force me out of our home?

I am not the children's biological mother (deseased) but I have been raising them as a stay at home mom for the since they were 2 and they are now 7. My husband and I both relapsed in our addiction and they children were removed. He has stayed sober and I relapsed 3 months ago. I went into long... Read more »

Brent T. Geers answered on May 15, 2019

These situations are always messy and complex. I assume that you are legally married. You do have rights as the spouse, including the right to remain living in the marital home. HOWEVER, your husband is at risk of having his parental rights terminated. Whether the basis for that action is your... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Michigan on

Q: I'm 17 my parents want to put a restraining order on my boyfriend he's 19, he has done nothing wrong, can they do that?

Also this is in Michigan so this could be different in other states. My parents just don't like him because of rumors that are not true. They have no evidence at all, just gossip. What can I do? I also read that I can "run away" at 17 and the cops can't force me to go home. Is this true? It seems a... Read more »

Brent T. Geers answered on May 6, 2019

This scenario falls under what I call the "my house, my rules" law. When you are under 18, and when you live in your parents' house, parents can do what they feel necessary to ensure your general welfare. This includes using any legal means to keep you away from what they believe to be a bad... Read more »

1 Answer | Asked in Family Law and Child Support for Michigan on

Q: My fiancé was with someone about five years ago. She got pregnant, they were never married she left and disappeared.

He didn't know that the child was born or when, never signed a birth certificate, he knew nothing of her until she was 2 1/2 and the mom reached out to him wanting him in the girls life and wanting no money. she didn't get what she was hoping out of the situation so she pulled the little girl from... Read more »

Brent T. Geers answered on May 6, 2019

Your fiance could be obligated to pay support going back to the filing of the paternity action AND the child's birth expenses if provided through state assistance.

In a paternity action, the court is not concerned about the relationship - or lack thereof - of the parties. What matters is...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on

Q: How difficult is it to petition the court to move out of state with my 16 year old?

Child has the opportunity for a full college tuition scholarship if she is a full time resident for 12 months. Dad is barely involved since the divorce 2 yrs ago and only sees her maybe once a month. I expect a fight on my hands.

Laurie Schmitt answered on Apr 30, 2019

CHANGE OF DOMICILE AND THE 100 MILE RULE

Are you contemplating moving out of town or out of state with your child? Will this move be more than 100 miles from the child's current legal residence? Has the court awarded you joint legal custody or sole legal custody?

Before you decide...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on

Q: How does the friend of the court work in regards to paternity, custody, and child support?

I am currently wanting to leave my husband due to physical, mental, and emotional abuse. We have two children together one that is 16 months and the other that is 2 months. He didn't sign the birth certificate for the 16 month old when she was born and we were not married when I had her. We were... Read more »

Brent T. Geers answered on Apr 17, 2019

The 2-month old's paternity is clear: he or she was born during the marriage and so your husband is by default the father whether he acknowledges it or not. The paternity of your oldest child is less clear, and you may eventually need a court ordered DNA test if your husband challenges paternity.... Read more »

1 Answer | Asked in Family Law, Child Support and Divorce for Michigan on

Q: Divorced 1 yr, joint custody, I pay CS. Ex's pay has increased and we now have same salary. Can I request CS mod in MI?

My ex wife and I share 50/50 custody, however I pay child support because I was making more than her at the time of our divorce. We have been divorced one year. Is it too early to request a review for a child support modification? I reside in Michigan

Brent T. Geers answered on Apr 8, 2019

The threshold for a modification is whether any change of circumstance would change the support amount by more than $50 or 10%. The state offers a free online child support calculator that you can input your numbers to see if you would meet the criteria.

1 Answer | Asked in Adoption and Family Law for Michigan on

Q: What do I have to do for my Father to legally adopt me?

He is the man on my birth certificate, however, he’s not my biological.

Also, would my biological father have to get involved?

Brent T. Geers answered on Apr 2, 2019

I am confused by your question. If the man you consider to be your father is on your birth certificate, I don't think an adoption is possible or even what you're after. The adoption process is, very simplistically, a means to name a legal father. In the eyes of the law, that man is already your... Read more »

1 Answer | Asked in Adoption and Family Law for Michigan on

Q: Ok did adoption in Michigan n the adopt parents kept babies name with my last name. .

They did this so medicaid would pay for babys hospital stay

As soon as they got back to atlanta...thwy changed his last name to theres when they moved. Isnt this illegal

Brent T. Geers answered on Apr 2, 2019

Likely not. Once the adopt is finalized, the adoptive parents have all the same rights (and responsibilities) that any parent has - including the right to petition a court to change a child's name.

1 Answer | Asked in Family Law for Michigan on

Q: I need help on finding a pro bono lawyer or legal aid lawyers through roscommon county Michigan for family law

Brent T. Geers answered on Apr 2, 2019

You should contact your local bar association or, I believe, you are within the area serviced by Legal Aid of Northern Michigan.

As you might imagine, the demand for pro bono legal services is greater than the number of lawyers able and willing to provide such services. Most attorneys are...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on

Q: Had a one night stand with a lady she says she's pregnant now an im the father to the unborn child I want nothin to do

With the child or the mother how to solve my question as to can she come after me if I want nothing to do with her or the child am I'm gonna have to pay child support down the road I don't want nothin to do with her or the child

Brent T. Geers answered on Apr 1, 2019

The one thing you cannot get out of is child support if its determined that you are the legal father. Whether you are involved with the child (and the mother) is ultimately up to you.

1 Answer | Asked in Child Custody and Family Law for Michigan on

Q: Non-custodial parent moved out of state without permission. Court soon, what to expect?

We have specific parenting time, in which he has not done in over 3 months. I have submitted forms for both full legal (we now haVE joint legal and I have sole physical) and parenting time enforcement. He has only contacted them 3 times since he's been gone. I want to keep our current summer... Read more »

Brent T. Geers answered on Apr 1, 2019

If he doesn't show up, the court will likely grant you the relief you want. Just know that a court can only order specific parenting time; they cannot make a parent actually exercise it.

Generally, as the parent who moved away, he would be responsible for all or a significant portion of the...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on

Q: Will the court reduce my CS Obligation (Michigan) (Genesee County)

I was making $15hr and moved to Texas currently making 12hr, I'm forced to work all my off days as overtime just to pay the obligation and rent with barely any money left after, not to mention it takes a toll on my body not having any off days, I get my children for the summer court ordered and... Read more »

Brent T. Geers answered on Mar 26, 2019

You may ask the Friend of the Court for an income review.

1 Answer | Asked in Family Law and Child Custody for Michigan on

Q: My ex won't cooperate about pick and drop off times with my kids. He is unresponsive and being very passive aggressive.

Me and my ex are limited to communicating through my mother because I press charges for domestic violence against him this weekend and I now have a PPO.

But he's being very passive aggressive about it and won't respond about times to pick them up and drop them off.

He is trying to... Read more »

Brent T. Geers answered on Mar 23, 2019

You will, most likely, need to file a parenting time complaint with the Friend of the Court for any violations of the exchange times.

1 Answer | Asked in Family Law for Michigan on

Q: For wills, what is the law in the US ? Is there someone appointed to open the will after death?Is he obliged?Deadline?

What are the different scenarios after the death of someone ? How do we know there is a will ? Is the person appointed to open the will obliged to open the will ? If yes, what is the deadline to open a will ? If not, what can we do to make sure this will is open ? In terms of assets, is everything... Read more »

Brent T. Geers answered on Mar 21, 2019

The correct legal procedure is probate. You may contact the probate court in the county where your aunt died to determine whether a file is open and pending.

1 Answer | Asked in Family Law for Michigan on

Q: In my husband's divorce papers it was written in to pay child support through college is there a way to get this change

His daughter is about to graduate from high school and will be turning 19 very soon after.

Brent T. Geers answered on Mar 21, 2019

Probably not as terms in the judgment of divorce may be changed only under a few select circumstances (e.g. fraud, misrepresentation, mistake, etc.); it, like all court orders, are meant to be final and permanent.

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