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Michigan Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My ex husband intentionally withheld my child from me and violated the in place court order , Made up false accusations

He had said my partner of two years touched my daughter and made a video of it , The video alone shows my 3 year old has been coached from him I need legal advice

Brent T. Geers
Brent T. Geers
answered on Nov 28, 2021

What relief are you seeking? If he withheld the child under an ex parte order, you should file an objection to that order; if he did so without a court order, then you should file a parenting time complaint with the friend of the court or look into filing other appropriate motions with the court to... View More

1 Answer | Asked in Family Law for Michigan on
Q: Do I have to tell my sons father that I am recording a consented call between my sons teacher and i

If I’m using it in court to prove I need full custody

Brent T. Geers
Brent T. Geers
answered on Nov 22, 2021

No, but you need to be mindful of evidence rules, due process, and right to confrontation. Your ex, or his attorney, cannot cross-examine a recording, and so they may - likely will - want to have the teacher testify.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Michigan on
Q: ex parte signed no due process objection denied no ev. hearing supv. visits still 5 yrs later no reason said he meets

no factors has a criminal history I was shown to be unfit, unwilling, or unable. no evidence of abuse or neglect. I have all proof but never got to show because I NEVER got my hearing my daughter is being neglected educ,med,emoti, and emotional and psych abuse by alienating me almost to... View More

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

You need to focus your arguments on what is happening now; not what happened or didn't happen five years ago. Perhaps the first step should be filing a motion to change parenting time. Your argument isn't whether supervised parenting time should have ever been in place, but that you no... View More

1 Answer | Asked in Criminal Law and Family Law for Michigan on
Q: Hello I would thoughts on a investigation being done on me and if I would need to have help?

Was investigated by CPS for someone calling in alleging that I molest my child. My child is not biologically mine I believe that the biological father had something to do with the call. but at the end of the investigation they found no evidence of abuse happened. Especially with interview with my... View More

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

Can they criminally charge you? Yes. Will they, with the child victim saying it didn't happen? Unlikely (assuming a forensic interview was conducted).

CPS investigations are civil in nature. While it all may appear similar, it is legally two different legal matters: civil and...
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1 Answer | Asked in Appeals / Appellate Law, Family Law, Civil Rights and Juvenile Law for Michigan on
Q: CPS used threats for compliance. There is proof, how can that help an appeal of termination of parental rights?

Cps threatened to have kids removed, foster care worker lied, refused services, added heresay statements on record, denied parent access to children for medical, dental, and school appointments

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

For the uninitiated, you will find "threats" mean something different in the legal world. When CPS (or police, prosecutor, attorney) says "if you don't do this, I'll do that"...and the "that" is something lawful - meaning under the law, they, or a judge, can... View More

1 Answer | Asked in Family Law for Michigan on
Q: Child rights

I have not been allowed to see my son since he has been 4 months old. I did nothing wrong. Mother just stopped letting me see him. His mother didn’t allow my name to be put on the birth certificate. We were not married.he is 16 now. When he turns 18 can I let him know that I am his father.... View More

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

Yes. When your son turns 18, he is free to do as he wishes. That includes rebuffing your efforts to connect with him. He may choose to continue life without you, so you need to prepare yourself for that possibility.

It's not a legal situation at this point; it's a social and...
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1 Answer | Asked in Family Law for Michigan on
Q: My ex wife has emailed me that shes done with my son. Is there a way to get him enrolled in a different state quickly?

Im in Alabama the case is in Michigan, she has physical custody, and 50/50 legal

Brent T. Geers
Brent T. Geers
answered on Nov 3, 2021

Yes. If your ex agrees to have him present here in Michigan, you can start the process of enrollment, then change things with the court.

1 Answer | Asked in Family Law for Michigan on
Q: Can a convicted felon get back control of their son disability SSI benefits. Once they are out of prison.

The mother went to prison for 10 years on marijuana charges. She is also disabled she has a mental disorder. But she can run a household. And take care of her son. Before she went to prison she was taking care of her son. Now the legal question is said she been convicted and released will SSI let... View More

Brent T. Geers
Brent T. Geers
answered on Oct 6, 2021

Unlikely. I would assume someone else became the son's guardian while mother was in prison. Mother would need to convince the probate court that she is a proper guardian, which usually requires a showing that the current guardian is not doing something proper.

1 Answer | Asked in Family Law for Michigan on
Q: Grandparents Rights

Recently my daughter has denied me phone contact with my granddaughter. I live in Idaho and my daughter and granddaughter live with me April 2021 and just moved back to Michigan. What are my rights?

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

Not much. In Michigan, you would need to show a judge that it's actually contrary to the child's best interest not to have contact with you - a pretty tall order. A parent's decision - right, wrong, or otherwise - is presumed to be in the child's best interest.

Have you...
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1 Answer | Asked in Family Law for Michigan on
Q: .

My son (13) molested my youngest son (6). We have sorted this out he is currently seeing a therapist. Now my oldest daughter (22) recently broke up with her boyfriend. She has no place to stay and a daughter (4) however her ex is using my son to say that her And her daughter can not stay with us... View More

Brent T. Geers
Brent T. Geers
answered on Sep 29, 2021

The answer greatly depends on how your daughter's boyfriend's paternity is established. But she can legally live with you, and with her daughter. Now, the boyfriend could certainly make an issue of it to the family court. Will that succeed? Who knows. If your son is in therapy and there... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: I recently found out I had a son I had no idea about who resides in foster

Another man took a legal parentage of him who also isn’t around absent with the mother how can I go about getting my son

Brent T. Geers
Brent T. Geers
answered on Sep 29, 2021

You will need to proceed to establish paternity. You will need an attorney because it is a complicated area of law.

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... View 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... View 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...
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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... View 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... View 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,... View 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.

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