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Michigan Family Law Questions & Answers
1 Answer | Asked in Contracts and Family Law for Michigan on
Q: My son signed over right of his baby to girlfriend when she gave birth. Is this a binding contract?

My son has a job. No addictions. His girlfriend holds this over him and often I ( grandma can't see my grandson because she controls all).

Brent T. Geers
Brent T. Geers
answered on May 15, 2023

Depends on what you mean by "signing over rights". Typically the only thing that's signed between unwed parents is an Acknowledgement of Paternity (AOP). If your son signed such a document, he is acknowledging paternity - that's it. By default, the mother has custody, and no... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Michigan on
Q: what kind of lawyer would be best able to find and request custody documents from a divorce done back in the 1980s?

My father passed recently and I've come to find that he's not listed on my birth certificate. I need to prove my status as next of kin. I have gone through all Vital Records and public records for the courts (county and probate), for the county I was born in and the county I lived in and... Read more »

Brent T. Geers
Brent T. Geers
answered on May 11, 2023

You don't necessarily need a lawyer for this, but where you'll probably want to look is the circuit court in the county your parents were divorced in. Ask for a copy of the "judgement of divorce".

Not to be funny or imply anything untoward, but I've seen it happen...
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1 Answer | Asked in Copyright, Intellectual Property, Divorce and Family Law for Michigan on
Q: Are food recipes considered a marital asset if used in a business.

I came up with the recipes and started a salsa company with my husband. The LLC and company logo are in his name and any contracts with stores, manufacturers and distributors are in my name. Since I came up with the recipes myself after years of trial and error can these be considered martial... Read more »

James L. Arrasmith
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answered on May 2, 2023

In a divorce, all assets acquired during the marriage are generally considered marital property, regardless of who came up with the idea or made the initial investment. This includes any intellectual property, such as recipes, that were developed during the marriage and used in a business. However,... Read more »

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: How can a judge make you pay half for a item that you don't own to the other party in a divorce? Other party has noproof

Other party has lied so many times and switching her story. That now I have to pay for things I don't have any the judge is giving me 45 days. It is not a little bit of money it's over $40,000. I don't even have that much.

Brent T. Geers
Brent T. Geers
answered on May 1, 2023

Divorce is a civil action heard in courts of equity. To oversimplify things: a divorce is intended to equitably divide a couple's assets and debts. It is common, for example, for one party to pay the other party his or her share of a home's equity that they are keeping.

As to...
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1 Answer | Asked in Probate and Family Law for Michigan on
Q: I need to know what paperwork I need to file to get guardianship of my developmentally challenged 32 yr old daughter.

My daughter has been on SSI sense age 16 and is cognitively impaired . Her mom is her payee because she is incapable of handling her own finance's, she is being manipulated by a boyfriend that she's had for about 4 months now and he wants control of her finances and they are both addicts... Read more »

Trent Harris
Trent Harris
answered on Mar 27, 2023

If you are the parent of someone who is unable to handle his or her own affairs, you can file a petition for guardianship, and if there are assets that need protection, you can also file a petition for conservatorship. A guardian and conservator is someone who is appointed by the court to be... Read more »

1 Answer | Asked in Family Law, Probate and Child Support for Michigan on
Q: If there is a guardianship (full) order in place that lists a father but he isn't on the birth certificate what happens

I have guardianship of my grandson and there isn't a father listed on his birth certificate but there is on the guardianship paper work. Will they go after this person for child support or will they try to establish paternity first?

This is a follow up question to a question I asked... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 23, 2023

If the government is going to be on the hook you bet your booty the government is going to be trying to get the father to pay support.

To do that they will need to prove paternity in some way. (You don’t have to pay to support some stranger’s kids after all and momma’s baby,...
Read more »

1 Answer | Asked in Divorce, Family Law and Tax Law for Michigan on
Q: What can i do?

I have two kids 17, and 18. I am divorced, my ex and I have 50/50 custody. My house is the kids primary residence. My kids are both in school and live at home. We have an agreement that we each claim one child when filing out taxes. She claimed both this year. She claims it's her right,... Read more »

James L. Arrasmith
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answered on Mar 4, 2023

If you and your ex-spouse have a written agreement regarding claiming your children as dependents for tax purposes, and your ex-spouse violated that agreement by claiming both children, you may be able to resolve the issue by taking the following steps:

Talk to your ex-spouse: Start by...
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2 Answers | Asked in Family Law, Real Estate Law and Estate Planning for Michigan on
Q: Father passed away and my mom is still alive but her name isn’t on the deed but my older brother is on the deed.

How do we transfer ownership to my mom, then her children in the future and avoid probate?

David Soble
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David Soble
answered on Mar 2, 2023

It depends if your brother will deed the property back to your mother. Based upon your facts, he has an interest in the property now. Deeds are contracts and have legal implications. You need to have a real estate attorney first review the deed you mentioned and then, if necessary, draft the... Read more »

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2 Answers | Asked in Family Law, Real Estate Law and Estate Planning for Michigan on
Q: Father passed away and my mom is still alive but her name isn’t on the deed but my older brother is on the deed.

How do we transfer ownership to my mom, then her children in the future and avoid probate?

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 1, 2023

IF the facts are correct and complete (HOW was your brother's name 'on the deed'? With full rights of survivorship? Some other way? You need to run this by a licensed attorney!) your BROTHER needs to transfer the house to your mother, and either at the same time or afterward she... Read more »

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1 Answer | Asked in Immigration Law, Child Custody and Family Law for Michigan on
Q: Hi I been married to my Indian husband who is a green card holder for 4 years we have a 2 year old son recently he's

Been threatening to take my son away and leave with him to India so his parents can raise him. My son has never met them people yet my question is IS THIS POSSIBLE CAN YOU TAKE MY SON WITHOUT MY

PERMISSION? 2nd question is IF I DIVORCE HIM WILL HE HAVE TO GIVE ME SPOUSAL SUPPORT &CHILD... Read more »

James L. Arrasmith
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answered on Feb 25, 2023

It is not legal for your husband to take your son without your permission. As a parent, you have the legal right to make decisions regarding your child's custody, care, and control. If your husband takes your son without your consent, it could be considered parental kidnapping, which is a... Read more »

2 Answers | Asked in Contracts and Family Law for Michigan on
Q: Are text messages contractural in a personal relationship?

I was involved with a man who was in the process of divorcing his wife (Have Court Docket). We've known each over 20 years and became personally involved for about a year. Within 20-25 days of receiving a handwritten note of love and devotion, he abruptly returned to his marriage... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 22, 2023

What exactly were his promises to you? By your question, it sounds like he effectively told you "if you move out here with me, I'll do this...". You indicate you have not moved. Had you moved, you might then have some sort of promissory estoppel claim. But unless there is more to... Read more »

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2 Answers | Asked in Contracts and Family Law for Michigan on
Q: Are text messages contractural in a personal relationship?

I was involved with a man who was in the process of divorcing his wife (Have Court Docket). We've known each over 20 years and became personally involved for about a year. Within 20-25 days of receiving a handwritten note of love and devotion, he abruptly returned to his marriage... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 21, 2023

The first problem is that the state of Michigan abolished the cause of action for breach of promise to marry. The second problem is that the other contracting party is married. I expect that the court would find that his contract to marry someone when he was already married is against public... Read more »

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1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: How do I get my kids back after I went to jail an lost them
Brent T. Geers
Brent T. Geers
answered on Feb 5, 2023

Too broad of question to answer effectively. Did you go to jail, prison, or both? How long? Were your parental rights terminated, or was custody just changed to the other parent?

If your parental rights were not terminated, you have an uphill climb, but you'll want to work with an...
Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My son and his ex are having issues about their daughters Dr. The mother agreed to a pediatrician and 4 months later cal

Called the Dr and cancelled her appointments already scheduled and said she wanted everything transferred to the mother's family Dr. He obviously says no but she is doing it anyway. They have joint legal custody. Can she be seen by both of the Drs since this will never get resolved unless he... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 4, 2023

Your son has the same rights as the mother. Both parents should be informed of all doctors appointments. When it comes to contrary forms of treatment, that's when things get hairy. Ultimately, a motion may need to be filed so the court can order a particular doctor, or in extreme cases, one... Read more »

2 Answers | Asked in Juvenile Law and Family Law for Michigan on
Q: Can a probation officer remove the siblings of his client (my son)? He was the offender younger kids were victims.

My son is being convicted of CSC 1 and 2 counts CSC 2. The victims in the case are my younger kids. My younger kids are worried that they are going to be removed from the home. And the probation officer just scared them today by just showing up. So I was just wondering if a probation officer... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 1, 2023

The probation officer can't, but as Mr. Zichi indicated, CPS can. The probation officer can ensure that your son is not in the residence or having contact with your other children. This is likely already ordered as part of his pretrial release conditions; probation officers are charged with... Read more »

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1 Answer | Asked in Family Law for Michigan on
Q: My ex-wife's lawyer showed emails discussing a potential change of school to a judge. Doesn't that violate MRE 408?

My ex and I have had some heated email exchanges in trying to work out differences on school choice and other issues. Her attorney selected specific email and twisted them out of context in a motion. I considered a motion in limine but the judge already saw them. So, I tried to respond, but in a... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 19, 2023

I applaud your considerable efforts to know and understand the rules of evidence; many people representing themselves can't or don't.

That said, the answer to your question lies in a complete reading of the rule. It's often said that the devil is in the details, and there is...
Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: Can foc keep my fiancé son away from me not letting him get over nights over false accusations?

At the time i was just his girlfriend and his sons monther started a bunch of drama and i retaliated in text so then she accused me of hitting her son and she told them how me and his father were always fighting and breaking up they believed her. The text she showed in court where only of my... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 16, 2023

"They" are not doing anything. The child's mother made an accusation that FOC substantiated, creating this order. You being engaged does nothing; being married might help. But your relationship status has nothing to do with what the judge will find pertinent to changing this.... Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Is there a law which seperates the jurisdiction or ruling on individual custody cases?

I am currently seeking sole legal custody of my son and I dont have legal custody of my daughter. They don't share the same father. I currently have joint legal custody of my son.

Brent T. Geers
Brent T. Geers
answered on Jan 9, 2023

There is no rule on that but you definitely have two different cases, even if it may be with the same judge, and so the holding on one case shouldn't necessarily affect the holding on the other. In other words, it's certainly possible - and happens - for a parent to have custody of one... Read more »

1 Answer | Asked in Family Law for Michigan on
Q: Can I file for valid domestic partnership in Michigan in a different county even though I don't live there?

My boyfriend and I been living together for 6 years and don't want to marry but be legal in other aspects to receive benefits from one another. So we were wondering since East Lansing, Ann Arbor, and a few counties has a registry for domestic partnership should we file through one of them and... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 7, 2023

Good thought, but no. To receive the legal benefits of marriage - i.e. taxes, insurance, etc. - you need to be legally married as recognized by a state. Those individual registries are not the equivalent of legal marriage.

1 Answer | Asked in Family Law and Civil Litigation for Michigan on
Q: Does a Motion for Summary Judgement/Disposition replace a response to a complaint in a General Civil case? Default?

Is this a default if they did not also file a responsive plea? it has been over 90 days

Brent T. Geers
Brent T. Geers
answered on Dec 29, 2022

It can in some cases, depending on the issue(s) presented. And note that it's the plaintiff's burden to keep the case moving in that 90 day window you reference, otherwise the court may dismiss the case for lack of progress.

It sounds like you, or perhaps both parties, are...
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