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Michigan Family Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: What are a father's rights while separated with only verbal agreement on visitation
Brent T. Geers
Brent T. Geers
answered on Aug 26, 2021

Depends on if you are married. If not married, then the father needs to establish paternity before any parenting time or custody will be ordered or enforced.

1 Answer | Asked in Family Law for Michigan on
Q: How do I find a case
Brent T. Geers
Brent T. Geers
answered on Aug 21, 2021

Depends on if you are looking for a current or old case. If a current case, contact the court where you believe the case is pending and ask them for details. If an old case, you may want to visit your local library or look into free case search systems on the internet.

1 Answer | Asked in Family Law for Michigan on
Q: What if my ex husband moves out of state Without adjusting the agreement with friend of the court?

How long until I can file abandonment if he doesn't come back for her? What can I do if he takes her to a different state and doesn't bring her back?

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

Assuming the child is considered in your judgment of divorce, movement of the child is subject to the court's jurisdiction. Generally, neither parent may move a child more than 100 miles or across state lines without the court's permission.

If you ex were to move the child to a...
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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Michigan on
Q: I had voluntarily signed my rights off of my kids. I'm now married and pregnant. Am I able to keep this one?

I had voluntarily signed my rights off of my 4 children back in March 2021 after fighting with DHS for 2 years. I'm now pregnant, due December 2021), and married a different guy (not my other kids dad) and was unsure of if I'm able to keep this baby after he is born? I wasn't sure of... View More

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

You can. But expect CPS to pay you a visit at the hospital or soon thereafter. There are some advantages to you in this situation because you voluntarily terminated. And that you have a different partner and apparently made some strides in your life further increases the likelihood that you can... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: When Should I get a temporary restaining order

My fiance has suddenly took off with the kids and has been gone without contact with me for 24 hours the last thing she said was that she was at her parents and that they're safe how long should I wait until I get a temporary restraining order to get my kids back.

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

You may be looking at an ex parte motion situation, which by its nature should be done sooner rather than later.

1 Answer | Asked in Adoption, Child Custody and Family Law for Michigan on
Q: What are the penalties for allowing adopted child who is out of control go stay with biological mother in another state.

Family related adoption but biological mother parental rights were terminated.

Brent T. Geers
Brent T. Geers
answered on Jul 16, 2021

I'm not sure there would be any penalties. Typically, an adoption from a termination case ends that court's involvement and vests full parental rights on the adopting person. They are then free to pass on that authority in any legal way - common examples would be through a parental power... View More

1 Answer | Asked in Child Support and Family Law for Michigan on
Q: In Michigan, Does child support start at birth, or when paternity is established, or when the paperwork gets filed?

I am Canadian, my son's father is American. Support is being handled in Michigan, and custody in Ontario. Friend of the court said it's only valid from the time filed. So essentially, he's absolved of his parental responsibilities for the first 12 months of his life? When the... View More

Brent T. Geers
Brent T. Geers
answered on Jul 12, 2021

Support would go back to when the action is filed; birth expenses - if the state paid for it, are separate and in addition to support.

The family courts mostly continued through COVID. Even if your particular court could not conduct a hearing - most made the transition to ZOOM hearings...
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1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Native American Law for Michigan on
Q: Requesting parenting time because of a move ahead of us and changing my child's residence?

court-ordered to stay in the county unless other parent okays it

we both have legal and joint custody

parenting time is currently not court specified as we live together but don't couple.

Brent T. Geers
Brent T. Geers
answered on Jul 7, 2021

You will likely need to file a motion with the court if there is no agreement. If the child is in school, the staying parent will likely be granted primary physical custody.

1 Answer | Asked in Family Law for Michigan on
Q: Is it possible to get a new judge on a lengthy family court case or have it looked at by a 3rd party due to bias.

A friend divorced her arab husband several years ago..they have 3 children together. She received custody at first.. but the ex-husband hired a criminal attorney and spent the next several years finding ways to harass her. As an example, he recently took her to court for changing her kids to a... View More

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

It's not easy to get a new judge - in fact, it's nearly impossible without a substantial showing of wrongdoing. I assume your friend's attorney is unwilling to go down that road, perhaps for good reasons.

If your friend and her ex have joint legal custody, then she had an...
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1 Answer | Asked in Family Law for Michigan on
Q: If a judge, in the performance of his duties, acts in an improper and prejudial manner, what is the irecourse?
Brent T. Geers
Brent T. Geers
answered on Jul 1, 2021

The available remedies depend on the facts and circumstances. Someone could move to have that judge recuse themselves and the case continue before a different judge. Of the extreme end of things, there could be a judicial tenure commission complaint and investigation. No remedy would necessarily... View More

1 Answer | Asked in Family Law for Michigan on
Q: I lost temporary custody of my son.he got haircut foster mom, told them he had white poop.hippa violation?

Told whole hair salon his body fat was eating away at his body. So he had white poop. I'm assuming Dr told them that. Even though it's untrue, is that a HIPPA violation? Do I have grounds to sue. Also the foster care agency, denied my mom rights to take my son. The judge luckily ordered... View More

Brent T. Geers
Brent T. Geers
answered on Jun 30, 2021

HIPPA is largely misunderstood; No, it's not a HIPPA violation for people who are not health care workers to effectively gossip.

Your mom does not have rights to take your son. Relatives have placement priority, but not an absolute right. I am glad to hear your child will now be...
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1 Answer | Asked in Family Law, Child Custody, Child Support and Communications Law for Michigan on
Q: A girl I hooked up with may be pregnant, she won’t involve me or tell me if she is pregnant. What can I do?

I am a 23 year old EMT and she is a 39 year old ER nurse. Despite my effort she will not confirm with me if she is pregnant. She only tells me that she is “handling it”.

Brent T. Geers
Brent T. Geers
answered on Jun 24, 2021

Why do you think she is pregnant? And if she is, why do you think it's by you? There is a process to establish paternity before birth, but you'd need a whole lot more than a feeling she is pregnant. And she would otherwise be able to "handle it" as she sees fit anyway.

1 Answer | Asked in Family Law for Michigan on
Q: What do i do if my lawyer for family court is against me and wont do what i ask so i can win my case and prove that

Cps has been lying everythin is over the phone and anytime i try to talk they mute me! not to mention that when they removed my kids they had no legal groumds to do so but did anyway im being denied my covil rights and they are being bias based off my criminal record 5 years ago and my previous... View More

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

I'm going to start by stating a truth that a lot of people don't want to hear: the best lawyers defend people against their own worst enemy: themselves. Now, I'm not going to wholeheartedly defend CPS, because they are not always right either. But the fact you are involved in this... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on
Q: Can two first cousins marry in Michigan?

I have a case where 2 first cousins faked a wedding, represented themselves as husband and wife, this also included to CPS and the family court in Michigan. Years later they obtained a marriage license from Virginia and now are promoting that no laws were violated since they did not legally marry... View More

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

Not sure what you're looking for. Marriage is a civil matter; if the marriage is invalid under Michigan law - which you are right, marriage between first cousins would be - then it would be voidable, not illegal in the criminal sense. And generally, Michigan will recognize a marriage made in... View More

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Should I hire attorney? married 28 years did not participate in divorce process at all. Final 2020(?) Need support!!!

The case is complex; but he did some terrible things prior to filing for divorce which made it impossible for me to hire an attorney; very very long story short -I had a mental breakdown after being served and spent some time at Pine Rest completely unable to participate! He got a default judgment.... View More

Brent T. Geers
Brent T. Geers
answered on Jun 12, 2021

It's possible, but you have a steep hill to climb, and should absolutely engage an attorney. Your first obstacle would be to set aside the default judgment. Specific rules and criteria apply, as judgments are meant to be final. Not only would you need to convince the court that you had an... View More

1 Answer | Asked in Family Law for Michigan on
Q: I have permanent guardianship of my granddaughter can my daughter write to the court and say she objects to it
Brent T. Geers
Brent T. Geers
answered on Jun 10, 2021

Your daughter can petition the court to terminate the guardianship. Will she be successful? Hard to say without knowing more. When it comes to children, courts favor stability. The court granted a guardianship for a reason; your daughter would need to show the court some marked improvement in her... View More

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: My ex is sole provider we have 50 50 custody. While in her care my daughter overdosed on her meds and smoked pot.

With the other adult they share a home with. Have a drug screen that's positive. How do I keep both children safe.

Brent T. Geers
Brent T. Geers
answered on Jun 1, 2021

You may need to consider filing an ex parte order or other motion with the court.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Can I move out of Michigan if I’m a non custodial parent? Without the approval from the other parent or court?

I have a parenting schedule written out ready to send to the other parent. I just want to know if I have to have the approval of the other parent or court before I move.

Brent T. Geers
Brent T. Geers
answered on May 26, 2021

If you want your parenting schedule entered as an order, you'll need to file the appropriate motion with the court or get an agreement signed by the other parent and entered.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: I have sole physical and legal custody of my children, they don't want to go with thier father do I have to make them?

My Gauthier has serious medical issues and her father smokes around her and almost put her in the hospital for it, she refuses to go with him, even has gotten on the phone with him telling him why she's not going, he keeps putting in harms way, she cries and fights to go every time its his... View More

Brent T. Geers
Brent T. Geers
answered on May 24, 2021

Is there a parenting time order? You can make a motion to the court about this.

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: Can the mother sue me for child support if I don’t establish paternity?

I have an 18 week old baby on the way. I want nothing to do with it and I don’t want to establish any paternity rights. Can she take me to court after the baby is born for child support?

Brent T. Geers
Brent T. Geers
answered on May 18, 2021

Yes. And if the state funds any of the birth expenses, expect them to come after you.

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