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Michigan Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My daughter is currently 12 years of age and does not want to go to her fathers home during the week days.

she claims it is to difficult to attend school, however her father lives 45 minutes away from the school.

Brent T. Geers
Brent T. Geers answered on Sep 20, 2021

You may need to file a parenting time motion and bring this issue before the judge to decide. Neither you nor your daughter can unilaterally change the order.

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Michigan on
Q: The question is long so its in more info plz help

If my ex and i presumably have a child, and she was married had the husband sign the birth certificate with out my knowledge, and ive been sending money to help support and I find out the child is is not mine would I be able to sue to get money that I sent for presumed child if i have records ?

Brent T. Geers
Brent T. Geers answered on Sep 15, 2021

Doubtful. It sounds like at this point you are sending her money out of the goodness of your heart and not pursuant to any order - in other words, the money you gave could be considered a gift. The law presumes that each party performs due diligence, and it doesn't sound like you took any... Read more »

1 Answer | Asked in Family Law and Probate for Michigan on
Q: I have petitions for full guardian/conservatory of my mother's estate in Wayne County.I live & work in DC I need help!

I was informed by physician at Mama's rehab center to get full guardian/conservatory petitions. After a lot of work and headache, I have both petitions. The problems have not been reduced. An inventory form is due within 56 days. I am on 30 days. Where do I go for help now? Eldercare and... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Sep 10, 2021

Absolutely yes, you need to hire a Wayne County attorney to help.

You should have done that from the start, but it is never too late.

Look here for someone with offices in Wayne County who is familiar with that court's requirements

as they are generally NOT the same...
Read more »

1 Answer | Asked in Family Law for Michigan on
Q: I'm 41 years old my mother is deceased does she have to be alive for my father to sign an affidavit of parentage?
Brent T. Geers
Brent T. Geers answered on Sep 10, 2021

Yes, she would need to be alive.

1 Answer | Asked in Family Law for Michigan on
Q: Is there a way to have my kid's dad pay child support even though we live together?

I am the only one who financially provides for our kid's. Their dad refuses to help with anything financial. Is there anything I can do about it?

Brent T. Geers
Brent T. Geers answered on Sep 10, 2021

Short of physically separating, no.

1 Answer | Asked in Child Custody, Divorce and Family Law for Michigan on
Q: Should I file motion for custody or parenting time? What should my briefing show?

My ex falsely accused me of DV the night I escaped. I kept silent and plead guilty because he continued threatening me and because the only witness that could verify was my daughter. I couldnt put her through that. A few months later during divorce, he got sole custody. Ten months ago, he was... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 8, 2021

File for custody.

1 Answer | Asked in Family Law for Michigan on
Q: Can I change my minor Childs name to my boyfriends?

My fiancé and I will be getting married 7/23/2022. The plan is for him to adopt him. I want to change my minor Childs last name to my fiance's prior to the wedding. Can I do this in Michigan? My son's biological father agrees to the name change and I have sole custody.

Brent T. Geers
Brent T. Geers answered on Sep 7, 2021

Why not just wait until marriage and change the name through the step-parent adoption?

1 Answer | Asked in Family Law for Michigan on
Q: Is this considered child neglect?

I live in the state of Michigan and my sister is 21 and is known for having some mental illness with ADHD and depression, refuses treatment. She rarely has a job and when she does, doesn’t always go in and ends up being fired. She has a 5 year old daughter (birthday Jan 2nd) and she isn’t... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 7, 2021

There is a big difference between being an abusive or neglectful parent and being what some might consider a "bad" parent. With what you're saying, it's hard to say whether any abuse or neglect is going on. People have children and some even excel as parents with mental illness,... Read more »

1 Answer | Asked in Family Law, Adoption and Education Law for Michigan on
Q: can my aunt and uncle who is adopting my son in michigan let me see him without court consent if i had my rights relinq

if my rights were relinquished can my family who is adopting my son let me see him again without court consent

Brent T. Geers
Brent T. Geers answered on Sep 5, 2021

Depends on a lot of factors, and if the adoption is finalized.

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: What are a father's rights while separated with only verbal agreement on visitation
Brent T. Geers
Brent T. Geers answered on Aug 26, 2021

Depends on if you are married. If not married, then the father needs to establish paternity before any parenting time or custody will be ordered or enforced.

1 Answer | Asked in Family Law for Michigan on
Q: How do I find a case
Brent T. Geers
Brent T. Geers answered on Aug 21, 2021

Depends on if you are looking for a current or old case. If a current case, contact the court where you believe the case is pending and ask them for details. If an old case, you may want to visit your local library or look into free case search systems on the internet.

1 Answer | Asked in Family Law for Michigan on
Q: What if my ex husband moves out of state Without adjusting the agreement with friend of the court?

How long until I can file abandonment if he doesn't come back for her? What can I do if he takes her to a different state and doesn't bring her back?

Brent T. Geers
Brent T. Geers answered on Aug 21, 2021

Assuming the child is considered in your judgment of divorce, movement of the child is subject to the court's jurisdiction. Generally, neither parent may move a child more than 100 miles or across state lines without the court's permission.

If you ex were to move the child to a...
Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Michigan on
Q: I had voluntarily signed my rights off of my kids. I'm now married and pregnant. Am I able to keep this one?

I had voluntarily signed my rights off of my 4 children back in March 2021 after fighting with DHS for 2 years. I'm now pregnant, due December 2021), and married a different guy (not my other kids dad) and was unsure of if I'm able to keep this baby after he is born? I wasn't sure of... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 8, 2021

You can. But expect CPS to pay you a visit at the hospital or soon thereafter. There are some advantages to you in this situation because you voluntarily terminated. And that you have a different partner and apparently made some strides in your life further increases the likelihood that you can... Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: When Should I get a temporary restaining order

My fiance has suddenly took off with the kids and has been gone without contact with me for 24 hours the last thing she said was that she was at her parents and that they're safe how long should I wait until I get a temporary restraining order to get my kids back.

Brent T. Geers
Brent T. Geers answered on Aug 5, 2021

You may be looking at an ex parte motion situation, which by its nature should be done sooner rather than later.

1 Answer | Asked in Adoption, Child Custody and Family Law for Michigan on
Q: What are the penalties for allowing adopted child who is out of control go stay with biological mother in another state.

Family related adoption but biological mother parental rights were terminated.

Brent T. Geers
Brent T. Geers answered on Jul 16, 2021

I'm not sure there would be any penalties. Typically, an adoption from a termination case ends that court's involvement and vests full parental rights on the adopting person. They are then free to pass on that authority in any legal way - common examples would be through a parental power... Read more »

1 Answer | Asked in Child Support and Family Law for Michigan on
Q: In Michigan, Does child support start at birth, or when paternity is established, or when the paperwork gets filed?

I am Canadian, my son's father is American. Support is being handled in Michigan, and custody in Ontario. Friend of the court said it's only valid from the time filed. So essentially, he's absolved of his parental responsibilities for the first 12 months of his life? When the... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 12, 2021

Support would go back to when the action is filed; birth expenses - if the state paid for it, are separate and in addition to support.

The family courts mostly continued through COVID. Even if your particular court could not conduct a hearing - most made the transition to ZOOM hearings...
Read more »

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Native American Law for Michigan on
Q: Requesting parenting time because of a move ahead of us and changing my child's residence?

court-ordered to stay in the county unless other parent okays it

we both have legal and joint custody

parenting time is currently not court specified as we live together but don't couple.

Brent T. Geers
Brent T. Geers answered on Jul 7, 2021

You will likely need to file a motion with the court if there is no agreement. If the child is in school, the staying parent will likely be granted primary physical custody.

1 Answer | Asked in Family Law for Michigan on
Q: Is it possible to get a new judge on a lengthy family court case or have it looked at by a 3rd party due to bias.

A friend divorced her arab husband several years ago..they have 3 children together. She received custody at first.. but the ex-husband hired a criminal attorney and spent the next several years finding ways to harass her. As an example, he recently took her to court for changing her kids to a... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 2, 2021

It's not easy to get a new judge - in fact, it's nearly impossible without a substantial showing of wrongdoing. I assume your friend's attorney is unwilling to go down that road, perhaps for good reasons.

If your friend and her ex have joint legal custody, then she had an...
Read more »

1 Answer | Asked in Family Law for Michigan on
Q: If a judge, in the performance of his duties, acts in an improper and prejudial manner, what is the irecourse?
Brent T. Geers
Brent T. Geers answered on Jul 1, 2021

The available remedies depend on the facts and circumstances. Someone could move to have that judge recuse themselves and the case continue before a different judge. Of the extreme end of things, there could be a judicial tenure commission complaint and investigation. No remedy would necessarily... Read more »

1 Answer | Asked in Family Law for Michigan on
Q: I lost temporary custody of my son.he got haircut foster mom, told them he had white poop.hippa violation?

Told whole hair salon his body fat was eating away at his body. So he had white poop. I'm assuming Dr told them that. Even though it's untrue, is that a HIPPA violation? Do I have grounds to sue. Also the foster care agency, denied my mom rights to take my son. The judge luckily ordered... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 30, 2021

HIPPA is largely misunderstood; No, it's not a HIPPA violation for people who are not health care workers to effectively gossip.

Your mom does not have rights to take your son. Relatives have placement priority, but not an absolute right. I am glad to hear your child will now be...
Read more »

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