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Michigan Family Law Questions & Answers
1 Answer | Asked in Child Custody, Divorce and Family Law for Michigan on
Q: Divorced 50/50 custody. Got a drunk driving almost 3 years ago and now he is taking me back to court about this. Can he

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

Brent T. Geers
Brent T. Geers
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

1 Answer | Asked in Contracts, Family Law, Civil Litigation and Constitutional Law for Michigan on
Q: What can I do if I was denied the right to file a motion to dismiss a default judgment, which resulted in me now…

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

Brent T. Geers
Brent T. Geers
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...
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1 Answer | Asked in Divorce, Family Law, Child Custody and Communications Law for Michigan on
Q: Can I use my own recordings of conversations between my ex-wife and I in Michigan court if she did not give permission.

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

Brent T. Geers
Brent T. Geers
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

1 Answer | Asked in Family Law for Michigan on
Q: Can my ex take the brakes off my truck in MY name if he paid for the brakes?

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.

T. Augustus Claus
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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

2 Answers | Asked in Divorce and Family Law for Michigan on
Q: Can I go back to my house in the middle of a divorce. The home is in my name and was a gift from my mother.
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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

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2 Answers | Asked in Family Law, Estate Planning and Probate for Michigan on
Q: as an heir do I have a right to know how the will is meant to be distributed ?

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 ?

Brent T. Geers
Brent T. Geers
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...
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2 Answers | Asked in Family Law, Estate Planning and Probate for Michigan on
Q: as an heir do I have a right to know how the will is meant to be distributed ?

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 ?

Joseph  Dallo
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Joseph Dallo
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...
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1 Answer | Asked in Family Law, Adoption and Child Custody for Michigan on
Q: My husband has two children with a women whom wants to give up all her right voluntarily.

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.

Brent T. Geers
Brent T. Geers
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.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: My x wife just passed she had physical custody of our 3kids. Her parents are trying to tell me that my x wife left the

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

1 Answer | Asked in Family Law, Elder Law and Probate for Michigan on
Q: What can I do my father past away this year Jan 10th he was a former veteran he had no will no power of attorney

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

Brent T. Geers
Brent T. Geers
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

1 Answer | Asked in Family Law for Michigan on
Q: How to get DNA test after paternity established

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

Brent T. Geers
Brent T. Geers
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.

1 Answer | Asked in Family Law and Probate for Michigan on
Q: Does my husband have any right to attend the funeral of his son (28) who was killed but married to a woman (48)?

My stepson, 28, married someone, 48. He was recently killed. The wife will not tell my husband anything about the funeral.

T. Augustus Claus
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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

2 Answers | Asked in Estate Planning, Elder Law, Family Law and Probate for Michigan on
Q: A secret trust was set up by my mother’scaretaker (CT) who has all of the POA and power. I am disinherited.

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?

Brent T. Geers
Brent T. Geers
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...
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2 Answers | Asked in Estate Planning, Elder Law, Family Law and Probate for Michigan on
Q: A secret trust was set up by my mother’scaretaker (CT) who has all of the POA and power. I am disinherited.

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?

Joseph  Dallo
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Joseph Dallo
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

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1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: I had full custody of my daughter I am giving full custody to her momShe owes me $4000 in back pay

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

Brent T. Geers
Brent T. Geers
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...
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1 Answer | Asked in Child Support and Family Law for Michigan on
Q: My 17 Year old granchild moved in with us if we ask for support from her parents can they make her move back home?
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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...
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1 Answer | Asked in Family Law for Michigan on
Q: If cps put a warrant out for child neglect on me is it automatic child removal? Michigan

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

Brent T. Geers
Brent T. Geers
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...
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1 Answer | Asked in Domestic Violence, Divorce and Family Law for Michigan on
Q: I want to sue my husband for domestic violence. I have proof of pics, voice, police report. but how do I start?

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

Brent T. Geers
Brent T. Geers
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...
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1 Answer | Asked in Divorce and Family Law for Michigan on
Q: I just found out a CNA/RN at my kid’s pediatrician office is having an affair with my husband. What to do?

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

Brent T. Geers
Brent T. Geers
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

1 Answer | Asked in Native American Law, Divorce and Family Law for Michigan on
Q: Does MI 100 mile law apply to native primary parent needing to move to reservation to afford stable life

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

Brent T. Geers
Brent T. Geers
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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