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Michigan Family Law Questions & Answers
1 Answer | Asked in Child Custody, Criminal Law, Family Law and Federal Crimes for Michigan on
Q: I need to know how to go about reporting child abuse

It is extreme mental emotional and phycological abuse, as well as neglect.

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

Call Child Protective Services.

2 Answers | Asked in Family Law and Probate for Michigan on
Q: Hello. Im in Michigan and I am filling out informal probate / personal representative form 558. I'm stuck on question 9.

I am on question 9. It states " I nominate _____ as personal representative, who is qualified and has the following priority for appointment _____. I am a only child and this news for my mom's estate. Do I just put then I am the only child

Kenneth V Zichi
Kenneth V Zichi
answered on May 23, 2022

The 'priority' for appointment is based on the Michigan Probate statute. If there is a will, the person named in the will has priority. If there is no will a surviving spouse does. If there is no surviving spouse all surviving children have equal priority.

If you don't...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Michigan on
Q: In an uncontested divorce, both of us want joint custody so does that mean we both pay half the child support?
Brent T. Geers
Brent T. Geers
answered on May 23, 2022

Good question and reasonable logic. Unfortunately, that is not the case. Child support is calculated using a formula that factors the disparity of income between the parents among other things. Even with joint custody, one parent is likely to pay the other parent some child support.

1 Answer | Asked in Estate Planning, Family Law and Probate for Michigan on
Q: Can my husband's sister contest a wife's rights to everything? Do I still need a will?
Trent Harris
Trent Harris
answered on May 20, 2022

By "a wife's rights to everything", I'm assuming you mean the surviving spouse's right to a share of an intestate estate. Generally speaking, if the husband dies leaving a probate estate and leaves a surviving spouse, the surviving spouse is entitled to the first $240,000... View More

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Michigan on
Q: Can a sibling sign herself up for POA over a parent who has dementia without informing her other siblings?
Kenneth V Zichi
Kenneth V Zichi
answered on May 12, 2022

No -- and there are several issues rattling around in your question that SCREAMS your family need to get real advice from a local estate planning attorney.

If someone lacks 'testamentary capacity' because of dementia or any other illness, they cannot create estate planning...
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1 Answer | Asked in Family Law, Adoption and Child Custody for Michigan on
Q: How can I go about getting guardianship or custody of my friend baby she is from Nj I am in Ohio
Brent T. Geers
Brent T. Geers
answered on May 9, 2022

Is there a father in the picture? If so, he will have priority over you if he is willing and able. If mom and baby are in New Jersey, than you all will need to deal with this there.

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Civil Rights for Michigan on
Q: Someone broke into my house and stole all my mail and personal documents with my identity information
Brent T. Geers
Brent T. Geers
answered on May 4, 2022

I assume you contacted the police? If so, you'll probably need a copy of the police report to show fraud on any of your financial accounts. Other than that, let the police do what they do.

1 Answer | Asked in Estate Planning, Family Law and Probate for Michigan on
Q: What do I need to file with the court when I find out my half sister was adopted out and in wasn't entitled to anything?

I'm going through informal probate. There wasn't a will. my half-sister took me to court a while back and I end up being made personal representative of the estate and I had asked my lawyer to find out if she was adopted and he said he asked her lawyer and he said no she wasn't... View More

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

Her adoption status will not matter if it was a step-parent adoption; she is both the child of your common parent as well as her step-dad's, and can take from both estates. Likewise, half siblings are treated the same as any other child under the law.

Whether she's entitled to...
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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My JOD has a “stay in school district clause.” My ex wife wants to move my son out of dist. Is clause enforcible?
Brent T. Geers
Brent T. Geers
answered on May 2, 2022

Yes it is. Doesn't mean an argument can't be made by either party to change it based on best interest factors and what's going on now.

1 Answer | Asked in Family Law for Michigan on
Q: Can I sue CPS for negligence?

CPS was called on my parents when I was a child. I suffered emotional, physical, and sexual abuse at the hands of my father and CPS did nothing about it. Now I'm an adult with diagnosed PTSD as a direct result of that abuse. Can I sue them?

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

Short answer is no, and there are a lot of reasons why: immunity, time, fault, are just the tip here. CPS is kind of like the police in that they are called and they investigate. They can only take action based on their investigation. Now, you could certainly say they didn't do a thorough... View More

2 Answers | Asked in Family Law and Probate for Michigan on
Q: My dad died , he lived with his girlfriend she got a ppo against me I can't get to any paper work , how do I get that
Brent T. Geers
Brent T. Geers
answered on Apr 22, 2022

What paperwork do you need? You'll likely need to open a probate estate, which would give you legal authority to gather paperwork and other things.

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2 Answers | Asked in Family Law for Michigan on
Q: Could I marry my girlfriend who had a freak accident overseas for her to have the inheritance to cover her medical cost?

The reason is I am pending judgement on divorce case. She's a travel nurse and has no means to pay the bill in order to be released from the hospital in Turkey.

Vahit Bicak
Vahit Bicak
answered on May 6, 2022

Every couple has different reasons to get married. People come together for a myriad of reasons. The marriage authorities does not inquire reasons for marrying.

According to the Turkish Marriage Legislation and regulations, a Turkish national and a foreigner or two foreigners with...
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1 Answer | Asked in Contracts, Family Law, Land Use & Zoning and Landlord - Tenant for Michigan on
Q: Can I trespass someone from someone else's property with their permission?

For example, an uncle of mine owns a home near me in Michigan, but now lives in Kentucky. He allows his brother to stay in the house as long as he follows set rules. One of them is that he can't have his homeless friends hang over and stay the night. With him in Kentucky, it's hard to... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Apr 8, 2022

Your uncle could appoint you as his agent, giving you authority to act on his behalf. This does not necessarily need to be in writing, but under some circumstances, you might want to have it in writing. I don't know what it means to "trespass the undesirables from his property", so... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My ex is attempting to homeschool 1 out of 2 kids without my input and won’t inform me of why.

We went to court last year because she homeschooled them the year before. Her mom taught them 2 days a week, 3 hours a day on animal studies, algebra, and religion only. Court order says I have to be involved in schools and that all communication needs to be to both parents. She won’t... View More

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

Can you take her to court? Yes. Will you win? Depends on what you consider winning. If she has sole legal custody (as opposed to primary physical custody), you can argue but you have a tough road ahead, especially if you're proposing a drastic change in the child's education or a reversal... View More

2 Answers | Asked in Family Law and Gaming for Michigan on
Q: Can my parents smash my stuff if I bought it with my own money

I'm 19 and live at home with my parents and right now we're in an argument and they're threatening to smash my PS5 that I bought with my money and I told them that they can't do that is that true

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

That could be malicious destruction of property - a criminal offense. But now hear this: you are over 18 years old, which makes you a tenant in your parents' home. They do not need to let you stay there. I would suggest you have a conversation with them about expectations, and if there is no... View More

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1 Answer | Asked in Family Law for Michigan on
Q: My sons father and I have parenting agreement. When my son is with him he takes him to work for over 12 hours, he is 11

My son can’t take it any more

Brent T. Geers
Brent T. Geers
answered on Mar 31, 2022

What sort of work is the father taking him to? Is he still able to hangout and attend to your son's needs while working - in an office, for example? Or is your son sitting basically alone for that time?

Any way you could agree to change the schedule? That would be the simplest...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: how do i change my custody agreement to another state?

my daughter is with her father every other weekend now. we are moving to texas and i need to set new parenting times

Brent T. Geers
Brent T. Geers
answered on Mar 31, 2022

Hold on! You need the court's permission to move the child out of state. Start with that first, and parenting time will be changed accordingly.

1 Answer | Asked in Family Law and Social Security for Michigan on
Q: If I am married, but my spouse left me 22 years ago. We are both retired.He has a pension and receives social security.

Do I have any legal claim to his benefits.

Brent T. Geers
Brent T. Geers
answered on Mar 31, 2022

Quite likely. You are married until you are not. Living apart and hoping the marriage goes away does not work.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: False emergency hearing scheduled with no evidence and no lawyer for me

My ex has terrorized me for 10 years and the kids are almost in 12th grade and now he's called for an emergency hearing . There is no proof to his allegations. I put in a complaint that he wasn't giving the kids back. He is in Florida with them even! Why is that an emergency? He made... View More

Brent T. Geers
Brent T. Geers
answered on Mar 31, 2022

You need to find a family law attorney quickly, preferably in the county this case originates in. Or, contact the legal aid office that covers that area.

1 Answer | Asked in Family Law for Michigan on
Q: Family member missing I am beneficiary and personal representative 2015 I need to gain access to his apartment
Brent T. Geers
Brent T. Geers
answered on Mar 28, 2022

Is your family member missing or dead? If you are the personal representative, that means a probate estate has been opened. The letters of authority should enable you to deal with the landlord on this issue. However, if it's been since 2015, I would assume the landlord has already dealt with... View More

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