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Michigan Family Law Questions & Answers
1 Answer | Asked in Family Law and Social Security for Michigan on
Q: If I take temporary guardianship of a child whose parent gets disability payments for him do they transfer to me?

My daughter wants my wife and I to take temporary guardianship of her son because she doesn't have the resources to take care of him. She currently gets 850 a month for him in disability. If my wife and I take temporary guardianship of him, will the payments go to us for his care or stay... View More

Brent T. Geers
Brent T. Geers
answered on Nov 10, 2022

If done legally, you would be entitled to child support from both parents in an amount to be determined.

1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on
Q: My ex makes me do all drop off and pick up.

The custody order does not specify who is responsible for pick up or drop off. She refuses to be helpful for pick up or drop off. If I pick up my son, and state that she is able to come pick him up whenever she can, is that illegal if she has majority? I am not telling her she cant access him I am... View More

Brent T. Geers
Brent T. Geers
answered on Nov 5, 2022

You will need to address the issue with the Maryland court if there is no agreement on the issue.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Michigan on
Q: What is a red flag 2 a judge/ref w/case of CPS/criminal histories? Do other agencies investigate & report back?
Brent T. Geers
Brent T. Geers
answered on Oct 28, 2022

A CPS history will always raise a red flag. Criminal histories? Possibly, and depends on when and what happened.

A judge's concern is always the best interests of the child, and will interpret any CPS or criminal history with that in mind. It's not uncommon for BOTH parents to...
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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Will judges/ref look @ & really consider proofs of texts/pic’s of “parent” lying/denying visits/making excuses?

No established custody yet, (new case in court) parent holding twins finds any & every excuse & lie to avoid parenting time & makes threats if others voice opinions on social media also changes what’s allowed at PT. Ref did not say it was supervised but they are saying no other way... View More

Brent T. Geers
Brent T. Geers
answered on Oct 28, 2022

Possibly. But as I'm sure you know, nothing is going to happen unless and until a judge hears these issues and makes an order that can be enforced. Until then, your daily calls and messages to the other parent will likely continue to be ignored, and could actually backfire on you.

1 Answer | Asked in Uncategorized and Family Law for Michigan on
Q: Will the state of Michigan honor or void a marriage between first cousins if the marriage is out of state?

I intend to marry my cousin but the state does not allow it. My question is whether we can marry in another state and come back living happily ever after or will Michigan void the marriage and we are better off moving to a state that allows first cousin marriage?

Brent T. Geers
Brent T. Geers
answered on Oct 27, 2022

Whose going to object if you marry in another state and live happily ever after?

1 Answer | Asked in Family Law, Adoption and Child Custody for Michigan on
Q: I'm seeking answers on how to get custody of my grandchild.

My grandchild is 5 years old an I've been his care giver his whole life, his parents are not suitable to take care of him an I'd like to take full custody since he lives with me majority of the time.

Brent T. Geers
Brent T. Geers
answered on Oct 26, 2022

You should look into guardianship.

1 Answer | Asked in Family Law for Michigan on
Q: Hello, is it illegal for step siblings to share a room? Have their own beds and they are all minors.

They are opposite sex. Girl is 9 and boy is 15. They are not in the room at the same time on a regular basis. When visitation overlaps is the issue.

Brent T. Geers
Brent T. Geers
answered on Oct 24, 2022

No illegal. Whether it's in the child's best interest is another question. But like with everything family law, it's all situation-dependent, and how a judge might feel about it.

1 Answer | Asked in Family Law, Estate Planning and Probate for Michigan on
Q: I am my mothers legal guardian and executor. Can not find will. Can I get a copy even though she is alive from the court
Brent T. Geers
Brent T. Geers
answered on Oct 23, 2022

Unlikely. While there is a process to place a will with the probate court for a fee, few people do so. The court would otherwise not have a copy of the will. Your options are to 1) keep searching through personal files and hope you find it, or 2) figure out which attorney may have drafted the will... View More

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Identity Theft for Michigan on
Q: How can I get my name cleared after someone used my identity to make a false CPS report against my grandsons father?

It came to my attention by way of my daughters FOC case that I was being accused of making a false CPS report against my grandsons father. After doing a FOIA request to find out what this was I received the police reports along with 7 pages of a CPS LEN, all unredacted, and my name is listed as... View More

Brent T. Geers
Brent T. Geers
answered on Oct 22, 2022

I'm unsure what you are asking. If your concern is that a call you made was reported inaccurately, that's one thing. If you're saying you never made a call, then that's a whole other thing.

The information you received through FOIA are reports, which are always subject...
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1 Answer | Asked in Family Law for Michigan on
Q: Is family law a good career path?
Brent T. Geers
Brent T. Geers
answered on Oct 22, 2022

It can be; just like any area of the law. Each area has different stressors, benefits, risks, and obligations.

1 Answer | Asked in Family Law for Michigan on
Q: I have been living with my girlfriend for almost two years she has a 5 year old from a previous boyfriend

And we have a 6 week old boy however our relationship is not great and i think i should move out my obligation to my son is first do i have any other legal obligation here

Brent T. Geers
Brent T. Geers
answered on Oct 18, 2022

Let's break it down:

-to your son: you are, presumably, the legal father and will remain legally obligated to him. This means there will likely be a child support obligation to follow. Be sure you are the acknowledged father, otherwise you'll need to establish paternity before you...
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1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Michigan on
Q: If a referee says…. gonna check in2 CPS & criminal investigations do they contact previous ppl associated w/case history

Do they contact family or fosters… previous witnesses if a story doesn’t match?

Brent T. Geers
Brent T. Geers
answered on Oct 18, 2022

More likely, referee will simply review the CPS and criminal investigation reports, and may contact those agencies for a status update. Judges and referees are not police or investigators so they are not going to be contacting witnesses directly.

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Michigan on
Q: Who would I speak to in re: to not being able to cash a check that is in me & my dads name and Im POA?

My dad is currently in the hospital, unfortunately looking at hospice, sold his home, I'm POA in Fact and neither bank that he previously had accounts with wont allow me to cash/deposit them and both our names are on the check. I'm also being prevented from opening an account and cashing... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 16, 2022

You have a written PoA that the banks won’t honor?

Without SEEING the documents it is impossible to provide useful advice. Who drafted the PoA? That would be the best attorney to approach but ANY estate planning attorney in your area can help — IF you provide them a copy of the...
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1 Answer | Asked in Family Law and Child Support for Michigan on
Q: Can my child's mother and I avoid child support and go through Florida's state insurance for our daughter?
Brent T. Geers
Brent T. Geers
answered on Oct 15, 2022

How or why your daughter would qualify for Florida's insurance is a major factor here. In general, if state assistance is provided for a child, there will be a child support order initiated and enforced by the state.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Hi I have sole physical custody parties have joint legal custody there's 0 over nights unless parties agree

Do I have to let him see his son? Is one question or can I tell him to take it court? He's been threatening court for 7years my son has been with me 7 years never left my side he's home schooled. The father smokes weed 24/7 found out he's been taking subtonin I forgot how to spell it... View More

Brent T. Geers
Brent T. Geers
answered on Oct 13, 2022

You can certainly tell him to take you to court. If what you're saying about him is true, there sounds like quite a bit of stuff he should work on before spending time and money going to court, but I suppose that's his decision.

Just know, though, that many judges don't look...
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1 Answer | Asked in Estate Planning and Family Law for Michigan on
Q: Will my brother and I be responsible for payments to estate lawyer who only works for older sibling now?

Father passed away and us 3 siblings had an estate lawyer and were dealing with things. Older sibling got nasty and greedy and was able to take our original estate lawyer and come at us. We now have our own lawyer to represent our interests, but we are worried that the older sibling is abusing time... View More

Trent Harris
Trent Harris
answered on Oct 12, 2022

First, you have your own lawyer - why not ask him or her this question?

Second, your personal liability to the attorney for attorney fees is a matter of contract. It depends on whether you and the brother signed a retainer agreement with the attorney agreeing to pay the attorney's...
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1 Answer | Asked in Family Law for Michigan on
Q: There is a benefit dinner being put together for my 13 year old son who is fighting cancer..my question is legally where

the money collected is supposed to go? I have full custody of my son...physically and legally...and the money collected is supposed to be for braxtons care.....but his father who hasn't been a major part of his life the last 13 years wants the money to be split and his half he can do with what... View More

Brent T. Geers
Brent T. Geers
answered on Oct 11, 2022

Sorry for your son's situation, but great question! I think ethically, at least, the money should go only toward Braxton's care. If I were giving money toward a child's cancer fight, I would not be too happy to hear the father or the mother using that money for their own good.... View More

1 Answer | Asked in Family Law and Elder Law for Michigan on
Q: If a defendant ignores contempt of court declaration, what happens?

Defendant is 94 years old.

Brent T. Geers
Brent T. Geers
answered on Oct 7, 2022

Way too much going on here that we don't know to form an opinion. If there is contempt, you can bring it to the court's attention, usually through a motion.

1 Answer | Asked in Education Law and Family Law for Michigan on
Q: My wife and child were a victim of intimidating and verbally abusive behavior from a teacher at my sons school

Can i file a ppo on my sons behalf? It has affected his ability to feel safe and comfortable at school and is affecting his education

Brent T. Geers
Brent T. Geers
answered on Oct 5, 2022

What is the school saying about this? That should be your first stop.

1 Answer | Asked in Family Law and Civil Litigation for Michigan on
Q: My gf's parents claimed her as special needs dependent and she doesnt want to be claimed. How does she get out of it?

She has hydrocephalus and mild cerebral palsy. She doesn't wanna be around her racist stepdad and her mother isn't helping 50% because of her unapproval for me and 50% because she has debilitating back issues. Her aunt and uncle agrees with me and her but don't wanna overstep the... View More

Brent T. Geers
Brent T. Geers
answered on Oct 4, 2022

How old is your girlfriend? I'm not sure one issue has much to do with the other; one's a tax issue and the other is a relationship issue.

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