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Michigan Family Law Questions & Answers
1 Answer | Asked in Family Law, Personal Injury, Estate Planning and Probate for Michigan on
Q: I am 65 years old. My father is 97 and has millions. Can I sue him for neglect that occurred 62 years ago?

I was 2 years old when I was injured and traumatized by an event that shaped my life. He is a religious man with millions and now that he is in his last years and he continues to deny his responsibility and is punishing me for not following his faith by leaving me out of his will. Can I sue him for... View More

Tim Akpinar
Tim Akpinar
answered on Aug 5, 2022

A Michigan attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. You could reach out to attorneys to discuss, but keep in mind that law firms that handle injury cases might not consider something like this on a contingency basis. There is also the... View More

1 Answer | Asked in Family Law and Social Security for Michigan on
Q: court says the file is closed on conservatorship....the woman that was it, say she is only payee. who is trustee then?

son had conservator for special needs trust which i set up when he was 17 ( he's now 36). I got guardianship back and when I petitioned in 2020. I petitioned to be conservator this year, but the court said the case is closed?! Woman that was his guardian/conservator says she is now only his... View More

Brent T. Geers
Brent T. Geers
answered on Aug 3, 2022

Sounds like the conservatorship may have been in place because of your son's age at the time (under 18). At some point, it was closed because 1) he was over 18, and 2) his only source of income became his SSDI, for which a payee serves the same purpose as a conservator.

If you were...
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1 Answer | Asked in Family Law for Michigan on
Q: What legal age can children be left home alone in michigan and can cops enter your house without permission.

You

Hi. The community i live in called the cops yesturday because my kids were left alone for 39 mins to an hour. Ages are 8,8,7 and 5. The babysitter overslept and never showed up. We even told the police that the babysitter has never missed a day and it was a fluke...we never leave our... View More

Brent T. Geers
Brent T. Geers
answered on Aug 3, 2022

There is no set age when children can be left home alone, but I think there is a general consensus that any age under about 10-12 may rise to a level of concern. Your reason may be valid though. But why someone in your community called the police is a question to consider in all this.

The...
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1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Can I marry myself? (I am 17) This is not becuse I am sologamy it is only so I am automatically emacipated.
Brent T. Geers
Brent T. Geers
answered on Jul 31, 2022

Nice try, but no. You would need the permission of at least one of your parents to marry anyway. And marriage is between TWO people.

What are your parents not allowing you to do that you think you can and want to do when you turn 18 in less than a year?

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: Is it illegal for my husband's ex-wife to collect child support if their son no longer lives with her?

My stepson was kicked out by his mother. He now lives with his grandma and he is 17. His mom didn't notify friend of the court about this information, and my husband is still having child support removed from his paycheck. Is it illegal for her to collect this money when he isn't living... View More

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

Child support is for the child, but I can appreciate the frustration. What matters, though, is that the child is not living with you and your husband right now. Should the grandma obtained guardianship, for instance, your husband would still have a child support obligation.

1 Answer | Asked in Family Law and Gaming for Michigan on
Q: Is there anything i can do to compel my father to either let me find or have him find my binders of pokemon cards?

When i was a minor, i collected Pokémon cards, some were gifts from a variety of family/friends, some I got by trading to friends as well as buying them at yard sales or at the store, with money i earned. He doesn't dispute they belong to me. About 6 years ago my dad bought a new house and my... View More

Michael Zamzow
Michael Zamzow
answered on Jul 26, 2022

Sometimes a practical solution is best. You could offer to split the proceeds of any sale with your father. If you give him an estimate of value, he might change his mind about storing something so valuable.

If he only has three binders, and if they are particularly valuable (a quick google...
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1 Answer | Asked in Family Law for Michigan on
Q: I need a lawyer for a cps case I don't have money right now.

So if anyone is a pro Bono lawyer please contact me

Brent T. Geers
Brent T. Geers
answered on Jul 25, 2022

If you are a respondent, the court will appoint a lawyer to you in due time.

1 Answer | Asked in Contracts, Family Law and Constitutional Law for Michigan on
Q: Do i have any right to sue dhhs for giving me false information and having me sign a fake contract?

Was told that me and my wife must get a divorce or that cps could be in our lives for up to 7 months and possible lose our kids. They had us both sign a contract say that we will not have any intimate relationship together but the contract can not be found.

Brent T. Geers
Brent T. Geers
answered on Jul 25, 2022

You can sue whomever you like. You're likely to be unsuccessful suing a state agency in this situation.

Look, however or why CPS got involved, it apparently has something to do with the two of you being together. To stave off a petition and possible termination of parental rights for...
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1 Answer | Asked in Child Custody, Family Law, Criminal Law and Civil Litigation for Michigan on
Q: In Michigan, can I use recordings of conversations that I participated in, in a custody case or other case?

I already know about participant exclusion to mutual consent rule in michigan. Just wanted to know if you can use these in a family court case, or other court case.

Brent T. Geers
Brent T. Geers
answered on Jul 21, 2022

Possibly. But know that a lot of judges do not look favorably upon such recordings or unwarranted use of private investigators.

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Libel & Slander for Michigan on
Q: Assuming there is enough evidence to substantiate my claims. Is my ex-girlfriend accountable in any way for tearing our

child's amniotic membrane 8 weeks early to get on FMLA at work? and then for going out of her way to maliciously infect me with covid, and then for falsely accusing me of PPO and stalking when I asked to see my child too many times? How do I hold someone like this accountable? and how do I... View More

Brent T. Geers
Brent T. Geers
answered on Jul 21, 2022

If it is a crime you are alleging she committed, then you can certainly contact the police and make a report; it's likely they will say this is a family / civil matter and stay out of it.

Is there a current PPO? You need to file an objection and have a hearing about that. Until then,...
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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Under Michigan law, is it permissible for CPS to demand a parent to secure property without government assistance?

If a CPS investigation is open due to “failure to protect” from an ex-husband who tried to kill his wife and the children currently reside in foster care, can CPS legally draw out a case by making demands such as securing a car or a home without any government assistance, such as food benefits,... View More

Brent T. Geers
Brent T. Geers
answered on Jul 20, 2022

There's a lot more to these situations than what "the law" says. If there is a reason found under the child protection act or juvenile code to remove a child and initiate termination proceedings, then the struggle becomes compliance with the treatment plan for reunification. There... View More

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: My kid a runaway. White lake PD wont return her even w/my custody papers. Why not ? And how? What do I file next?

I went to white lake multiple times. They claim that no one has custody. Which is untrue. Now my mother is harboring a runaway and white lk PD wont allow me to file charges. Lilly is 13, suicidal and selling pornograph material online. No one cares. How do I stop this ???? I also tried to file... View More

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

There is so much that can be going on with a child custody situation like this that it's really impossible for anyone to give you solid advice without knowledge of all the facts. The police are often reluctant to deal with what can be considered "civil / family" matters. Once the... View More

1 Answer | Asked in Family Law for Michigan on
Q: Can someone please help me, I don't want to lose my children, they are my life and I need they. They are all I have.

My children were taken from me, because someone else couldn't have hers. She always pretended to be my friend only to get my children, I struggled after my husband passed away. She took advantage of it and called cps for every little thing. And once they left I had more visits because her mom... View More

Brent T. Geers
Brent T. Geers
answered on Jul 6, 2022

You will need to file a motion with the court to address your concerns. Importantly, you need to be sure you are fully complying with the guardianship plan. It will do you no good to complain about what "they" are doing or not doing unless you are doing everything expected of you.

1 Answer | Asked in Family Law and Civil Litigation for Michigan on
Q: Is it legal for someone to get a babies actual footprint tattooed onto themselves without consent of the actual parent

The babies footprint or full name. Especially if this person is not the parent of the child or does that fall under the first Amendment and they can still legally get it?

Brent T. Geers
Brent T. Geers
answered on Jun 30, 2022

The wording of your question is a bit confusing: are you asking if you, as an adult, can get a child's name or footprint tattooed on you? If that's the case, then yes, you can. You can effectively get whatever you want tattooed on you. Now, what you can't do is force the baby to... View More

1 Answer | Asked in Family Law for Michigan on
Q: My childrens father passed away in April. His new wife made all the burial decisions giving our children no say even

Even though my oldest children we very aware of his wish. It was later discovered that the new wife may not actually be his wife. We were unable to locate any marriage certificate on file and when we contacted the crematorium about how they verified the marriage making her next of kin. They... View More

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

Fortunately, a burial is reversible, whereas a cremation is not. Your oldest child could petition the probate court for an order to handle the affairs. But if it's shown that this other woman is in fact the wife, then she would have priority to make those decisions and there would then not be... View More

1 Answer | Asked in Family Law for Michigan on
Q: I need help getting my children home there is a guardianship placed in Wayne County and I live in isabella county

I am trying to bring my children home and having a hard time with not being given information or documents.

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

You will either need to go down to Wayne County to get those documents and to appear in court there, or hire an attorney who can more readily handle a matter in Wayne County.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: Can someone with 50/50 custody make exchanges at the police station due to safety concerns?

My boyfriend has 50/50 legal and physical custody. Last time we picked up his daughter they sent a threatening message about calling the cops over my driving. Though we did not do anything wrong. My boyfriend feels unsafe and bad for his daughter and wants exchanges to take place at a police... View More

Brent T. Geers
Brent T. Geers
answered on Jun 20, 2022

He can. The parents can always agree on an exchange point; if no agreement, then whatever is in the order stands.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Mom tricked me into signing wrong papers giving her full custody of my children, it was only suppose to be temp.

She tricked me into signing a paper saying that it was temporary, and it was for full custody. She had a lawyer and I didn't I trusted her and she is living her second attempt at raising children with my kids, because I asked for help, she did this in order to relive her lost parenthood, and... View More

Brent T. Geers
Brent T. Geers
answered on Jun 6, 2022

You're not going to get very far arguing you were tricked. You now need to focus on whether there is a legal change of circumstance or proper cause for the court to reconsider custody, and what are the best interest of the child factors.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Aunt is guardian my rights suspended she lives in Michigan I live in ky do I have to get lawyer up there in MI or KY

Aunt got guardian in MI do I have to go there and get my suspended removed and rights as there mother or can I do all this where I live in KY

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

If the case is in Michigan then you would need to petition to terminate the guardianship here in Michigan or with a Michigan attorney.

1 Answer | Asked in Family Law for Michigan on
Q: My spouse died in Indiana in Feb 2022. I just found out. We have not lived together for 10+ years but never divorced.

I LIVE IN Michigan. What am I entitled to?

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

You will need to consult an Indiana probate attorney. In many cases, you would still be entitled to a spousal elective share. What that is worth depends on what your spouse had at the time of death and how your spouse held that property.

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