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Michigan Family Law Questions & Answers
1 Answer | Asked in Family Law for Michigan on
Q: How do I sign away my parental rights in Macomb Michigan? What forms do I need to fill? My child’s mother agree as well.

I don’t want to be involved at all

Brent T. Geers
Brent T. Geers
answered on Feb 17, 2024

Not that easy; And doesn't matter that mother agrees. The state does not allow a parent to simply say "I'm done" except through a proper adoption proceeding or an abuse / neglect proceeding that results in termination of parental rights.

If the child's mother is...
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2 Answers | Asked in Immigration Law, Child Support and Family Law for Michigan on
Q: Does having debts or is behind on child support hinder in the acceptance of a marriage or fiance visa?

I have an ecuadorian boyfriend and we wish to marry but one,we can't decide between the marriage or fiance visa and two, will his debts give him a denial. Also the marriage visa asks for a beneficiary/sponsor and is that necessary? Can I be his sponsor? I'm a little overwhelmed and... View More

T. Augustus Claus
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answered on Feb 7, 2024

In the context of U.S. immigration law, especially for Michigan or any other state, having debts or being behind on child support can impact the application process for a marriage or fiancé(e) visa, but not always directly in terms of eligibility. The primary concern for these visa categories,... View More

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2 Answers | Asked in Immigration Law, Child Support and Family Law for Michigan on
Q: Does having debts or is behind on child support hinder in the acceptance of a marriage or fiance visa?

I have an ecuadorian boyfriend and we wish to marry but one,we can't decide between the marriage or fiance visa and two, will his debts give him a denial. Also the marriage visa asks for a beneficiary/sponsor and is that necessary? Can I be his sponsor? I'm a little overwhelmed and... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 7, 2024

The fiancé visa and the spousal visa process at about the same speed. You can marry in Ecuador and begin the processing state side. If you don’t have the minimum level of income or assets to sponsor him, you can engage a joint sponsor.

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1 Answer | Asked in Adoption, Constitutional Law and Family Law for Michigan on
Q: May an adult sue a parent for lying about their paternity in federal court?

My biological parent told me not to tell her that he was my dad because she would get mad. He's now deceased we never had a relationship because of her selfishness. She had her husband adopt me and although I put my birth name on my children birth certificate application my adopted surname is... View More

James L. Arrasmith
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answered on Jan 26, 2024

Yes, it is possible for an adult to sue a parent in federal court for lying about their paternity, but there are some key considerations.

The legal grounds would be something along the lines of intentional infliction of emotional distress or fraud. Lying about biological paternity could...
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1 Answer | Asked in Child Custody, Civil Rights and Family Law for Michigan on
Q: Do I need to retain a civil rights attorney or file for grandparents custody or both? In what state?

I had my innocent and now scared and confused baby girl while traveling through MIchigan. All family and myself live in Ohio. Hospital said she had withdrawals 10 days after birth conveniently once cps went there. they Took temp custody. Did not offer any other option but foster care. After 6... View More

James L. Arrasmith
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answered on Jan 24, 2024

Navigating a situation involving child custody and child protective services across state lines can be complex and emotionally challenging. In your case, involving both Michigan and Ohio, it's essential to understand that child custody and welfare cases are generally governed by the laws of... View More

1 Answer | Asked in Divorce, Child Custody, Child Support, Civil Rights and Family Law for Michigan on
Q: Re on case papers on a dm case number what does that mean?
James L. Arrasmith
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answered on Jan 21, 2024

In the context of a legal case, "re" on case papers with a docket number typically stands for "regarding" or "in the matter of." It's used to indicate the subject or nature of the case. So, when you see "re" followed by a case number, it signifies that... View More

1 Answer | Asked in Estate Planning and Family Law for Michigan on
Q: When Trusts are created in Michigan, can it exclude spouse as being a beneficiary of property purchased during marriage?

Spouse had revocable trust and the other (excluded) spouse was not on the purchased property deed.

Along this same line, can the trust assign a beneficiary, other than spouse, on large purchase items purchased after they were married?

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 17, 2024

Spouses have the ability to eject ‘against a will’ and challenge being omitted from an estate plan absent a valid pre-nuptial or post-nuptial agreement.

This CAN be done, but it is complex and fraught with danger and may not work 100% of the time.

A local licensed estate...
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1 Answer | Asked in Estate Planning and Family Law for Michigan on
Q: Question: daughter owes me $3,000.00, clear debt for zero inheritance

I'd like to clear my daughters debt to me and not go to small claims court, and in return she will receive no inheritance when myself and wife pass. Can this be done legally ..

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 17, 2024

Yes, and you could simply cut your daughter out of your Will without ‘hooking’ it to the debt, but to try to do anything like this without an attorney explaining the pros and cons for YOUR situation and drafting documents to accomplish the goal is playing with fire. For example, if you ‘write... View More

1 Answer | Asked in Child Support and Family Law for Michigan on
Q: Child support- are they required to impute income at 35 hours per week if a person isn’t working that many hours?

The friend of the court imputed it during a review. Is that appropriate? It wasn’t the finding of the court

T. Augustus Claus
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answered on Jan 3, 2024

In child support cases in Michigan, if a parent is not working the standard 35 hours per week, the court may impute income based on the potential earnings of that parent. The court typically considers factors such as the parent's work history, qualifications, and the local job market. If... View More

1 Answer | Asked in Contracts, Family Law and Immigration Law for Michigan on
Q: how do i sue my sponsor?

my wife was recently arrested for dv and the judge issued a no contact order. the charges lead to her family blaming me and now they refuse to help me with the bare minimum. they are also trying to force me out of the country before my wifes trial where i wish to attend to help my wife.

My... View More

James L. Arrasmith
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answered on Jan 1, 2024

In your situation, where you feel that your rights under an immigration sponsorship agreement are being violated, it's important to understand the legal obligations of a sponsor. When someone sponsors an immigrant, they sign an Affidavit of Support, which is a legally enforceable contract with... View More

1 Answer | Asked in Family Law and Divorce for Michigan on
Q: I obtained a personal loan under my name so my wife can pay off her credit cards with the agreement she makes the

Payment, she has been making the payment for the last 2 years but now she refuses to continue paying. There is a balance of $15,000 left, can I sue her in court to force her make the payment or refinance the loan in her name

Brent T. Geers
Brent T. Geers
answered on Dec 27, 2023

Are you contemplating a divorce? You signed an agreement with the bank or wherever else you obtained the loan, promising to make good on it; the bank will continue to look to you for payment, and you will remain legally on the hook for it. It doesn't matter what sort of other agreement you... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Michigan on
Q: My soon to be ex husband has washed our 7yr olds’ mouth out with dish soap, on multiple occasions. What do I do?

In the past month there’s been atleast 6 incidents of him doing this to our child. All because of daily reports from school. He only has our child for a few hrs on Wednesdays and every other weekend. So sometimes it’s from something that happened a week prior.

T. Augustus Claus
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answered on Dec 20, 2023

If your soon-to-be ex-husband has been washing your 7-year-old's mouth out with dish soap on multiple occasions, it's a serious concern that may warrant immediate action. Document each incident, including the date, time, and circumstances surrounding the washing, and gather any evidence... View More

1 Answer | Asked in Family Law, Elder Law and Probate for Michigan on
Q: What (in detail) is a verifiable 3rd party in Michigan when it comes to Adult Guardianship visitation & my rights as GA?

I was appointed full Guardian of my mother. I signed a settlement before trial with my sibling (opposing party & lives out of state). Visitation is of subject. The settlement says the following: Social plans for "mom" shall be considered if they conflict with a proposed visit,... View More

Brooke Lauren Archie
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Brooke Lauren Archie
answered on Dec 20, 2023

Although many of us will read the terms and think that the meaning is clear, it is apparent that there may be multiple interpretations of the visitation terms that the court has put in place. In instances like this, particularly where there has been discord among the interested parties, the best... View More

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: My wife charged up 2000. In credit card debt after I filed for divorce. Am I responsible for half of that debt?
T. Augustus Claus
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answered on Dec 20, 2023

In Michigan, the responsibility for credit card debt incurred by your wife after filing for divorce may depend on various factors, including whether the debt was accrued for marital purposes or personal expenses. Generally, debts incurred for marital purposes are considered marital debts, and both... View More

2 Answers | Asked in Estate Planning, Family Law and Probate for Michigan on
Q: How can I find out who the lawyer is that is overseeing my fathers will
Kenneth V Zichi
Kenneth V Zichi
answered on Dec 20, 2023

Lawyers do not ‘oversee’ wills.

Is your father still alive? You have no rights your father doesn’t provide you — ask him and if he chooses to answer — there you are. If he chooses NOT to answer — there is no recourse.

Is your father now deceased? The Personal...
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2 Answers | Asked in Estate Planning, Family Law and Probate for Michigan on
Q: How can I find out who the lawyer is that is overseeing my fathers will
T. Augustus Claus
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answered on Dec 20, 2023

To find out the lawyer overseeing your father's will in Michigan, start by checking the will for any mentioned contact information. Reach out to the executor, if appointed, as they likely have details about the lawyer. Contact the probate court in the county where your father lived at the time... View More

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1 Answer | Asked in Family Law for Michigan on
Q: May the family get a copy of the body release form signed by the "next of kin"?

What state department may I contact to inquire about the lack of information and transparency in regards to the funeral director duties?

James L. Arrasmith
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answered on Dec 17, 2023

In Michigan, family members generally have the right to access certain documents related to the handling of a deceased relative's remains, including the body release form signed by the next of kin. If you're facing difficulties obtaining this information, there are steps you can take.... View More

2 Answers | Asked in Divorce, Real Estate Law and Family Law for Michigan on
Q: How can I ensure my husband can not sell our property without my knowledge as I’m not in our title or mortgage.

Sometimes I fear he sells it without me knowing before he plans to leave me, leaving me with nothing….this is anxiety but better safe than sorry

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 30, 2023

If you have no interest in the property your 'consent' is not needed to remortgage, sell or otherwise dispose of it. In the recent past when Michigan provided Dower rights to wives, that would not have been the case, but that archaic law has been repealed so, now, you're just a... View More

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1 Answer | Asked in Real Estate Law, Divorce and Family Law for Michigan on
Q: My ex is on the deed, the mortgage is in my name alone and I bought the house prior to us being married.

Per our divorce degree I agreed to pay the house till my last child was 18. At which point I plan on retiring. What can I do to make sure I don’t have to pay any more.

David Soble
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David Soble
answered on Nov 23, 2023

The divorce decree is a court order that is binding on both parties. However, the mortgage will need to be paid by someone if it has not matured by the time your last child turns 18. So if the provisions of the divorce decree fail to address this issue, or does not provide that your ex- spouse is... View More

1 Answer | Asked in Family Law for Michigan on
Q: Legally, is the next of kin to a biological child, both biological parents?
Brent T. Geers
Brent T. Geers
answered on Nov 21, 2023

The next-of-kin for a minor child would be one or both LEGAL parents, which in most cases are the same as biological parents. Fathers of children born out of wedlock need to establish paternity to become the legal father. Even when children are born of a marriage, a court's custody... View More

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