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Michigan Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Support for Michigan on
Q: My daughter's father is still paying me child support for our daughter who is 37 years old. He currently owes $60,000.

He is only paying $200 a month, which is not enough for me. I was told because he is paying in arrears, they can't make him pay more. Is this correct? He is getting social security, plus he works. He is making good money. He lives in Seattle and I was living in California, but I moved to... Read more »

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

The information you were given is correct. It's not an ongoing support obligation, and you have no current support needs since your daughter is now an adult.

1 Answer | Asked in Family Law, Adoption and Child Custody for Michigan on
Q: Is there a way to become the legal guardian/father of my girlfriend's daughter without marriage?

Paternal father's rights were stripped long ago

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

Depends in part on what you mean by paternal father's rights being "stripped"; were his rights terminated or was mother awarded sole custody? There is a difference. Either way, it will be hard to be named legal father without marrying the mother and doing a step-parent adoption.

1 Answer | Asked in Family Law and Adoption for Michigan on
Q: How do you have a bio parent sogn off theirnrights when you have no contact woth them?

I want my husband who has now known my son for almost 10 years to adopt him so he has parental rights and we all have the same last name. I live in Michigan and because bio dad pays child support I guess he has rights to my son. I don't even receive my child support every month. My son will be... Read more »

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

You can try a step-parent adoption.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Personal Injury for Michigan on
Q: I have been subjected to torture by cps, courts not responding to my request for assistance with the stopping of this.

I am looking for assistance with pro Bono council for the service of abstaining proper treatment and rights of disabled people with ADA compliance, custody, increased parenting time, the clearing my name from abuse and neglect and the treatment of years of negative behaviors by the other parties... Read more »

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

If you are in current abuse / neglect proceedings, you should have an attorney appointed to you, and you need to work with that person to address these issues.

One of the biggest mistakes parents make in these sort of cases is to focus on what the other person is doing, when the emphasis...
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1 Answer | Asked in Family Law for Michigan on
Q: The FAMILY Trust trustee just closed the Family Trust bank account and put the $117K in an account with just her name.

What happens to that money if the trustee dies?

Michael Zamzow
Michael Zamzow answered on Mar 14, 2022

Probably a mess.

1 Answer | Asked in Family Law, Real Estate Law and Tax Law for Michigan on
Q: I just need a couple of questions answered but do not currently have any money. Does anyone do a free consultation?

Is there anyone that could give me free legal advice for free if so who?

Kenneth V Zichi
Kenneth V Zichi answered on Mar 12, 2022

MOST attorneys offer limited consultations at no charge.

You need to contact an attorney in your geographic area who handles the type of issue you have (domestic, real estate, estate planning, criminal law, civil litigation, etc.) directly and ask to set up a time for a free consultation....
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1 Answer | Asked in Family Law for Michigan on
Q: If parents share 50/50 Legal In MI, and the Father has stated no medical visits without his consent and the mother

Ignores the Father and does what she pleases is she violating the 50/50 Court order? Specifically if the Father has stated that the Doctor treating no longer has his permission due to previous violations? Can the Mother continue to take the child to a doctor the Father has stated can no longer... Read more »

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

Possibly, and depends on what the treatment is. Your recourse is to file a motion to change custody. Shared legal custody means that there should be agreement on major medical decisions. A lawyer can help you prepare a proper argument and conduct case law research. But generally, a court will defer... Read more »

3 Answers | Asked in Divorce, Estate Planning and Family Law for Michigan on
Q: I want to dispute Michigans intestancy laws and prove my fathers true wishes for his home, how would i do this?

My sister and I are currently in probate court battling fathers estranged wife over his home. They were in the process of divorce when he committed suicide and I have numerous divorce documents, texts, handwritten notes and witness testimonies that show she was not to have the home. We are... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Mar 2, 2022

I'm sorry to say that unless your father put his 'wishes' into a will or other testamentary document, the laws of intestacy are how his estate will be divided. His misunderstanding of dower really won't play into anything here, and if the divorce was not in process (as in filed... Read more »

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1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Michigan on
Q: guardianship says I need permission to move aunt out of Michigan how do I petition court?

Aunt is in nursing home in Michigan, I need to move her to Ohio. I am next of kin and have guardianship. I told the judge I wanted guardianship specifically to move her to Ohio. He said I have 4 months to do so, but paperwork states I can not move her out of state. No one is giving me the... Read more »

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

You will likely need to file a petition and order in the court that granted you guardianship.

2 Answers | Asked in Child Custody and Family Law for Michigan on
Q: Where do I obtain a subpoena form for midland Michigan circuit court regarding a custody case?
Brent T. Geers
Brent T. Geers answered on Feb 22, 2022

Search for "SCAO MC11". I would strongly encourage you to work with an attorney if you are looking to subpoena things because there are rules and procedures for doing so that if you are unfamiliar, could lead to sanctions if not done right.

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1 Answer | Asked in Family Law for Michigan on
Q: A person dies and leaves everything to a non family member can the wife or kids sue to get all or some of the money?
Brent T. Geers
Brent T. Geers answered on Feb 19, 2022

Sue? Probably not. The spouse may elect his or her spouse elective share through a probate administration. How did this person leave property to a non-family member? Through a will or through beneficiary designation?

2 Answers | Asked in Child Custody and Family Law for Michigan on
Q: Should I wait to file motion for full custody?

Have been divorced for 6 years, my ex and I share custody of 3 children. (17,15 13). A month ago he informed me he had applied for a new job in California. He found out he got the job and has accepted the offer and will be relocating to California as of 3/10/22. I want to file for full custody,... Read more »

James W. Kraayeveld
James W. Kraayeveld answered on Feb 17, 2022

Let's explore this in a most cost effective way first: have you checked with your ex if he is willing to agree to an alternate custody order? Keep in mind that your latest court order likely requires him to seek court permission before moving out of state. That may give you some bargaining... Read more »

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1 Answer | Asked in Domestic Violence, Family Law and Health Care Law for Michigan on
Q: 1st offense domestic violence on my wife. She just started treatment for mental health. Need no contact dropped now.

I cannot work and a take care of my kids. Ultimately am going to lose our home. Wife just started new meds. It's first offense domestic. No contact is ruining our lifes.

Brent T. Geers
Brent T. Geers answered on Feb 16, 2022

Depending on the judge, she will need to state on the record she wants the no-contact lifted.

1 Answer | Asked in Family Law for Michigan on
Q: How do I get my ex-husband, current wife, from harassing me via text and emails?

My ex and I have a son together therefore we have to communicate about his well-being. We have 50/50 joint custody. She does not want me to contact her husband. Can I send a cease-and-desist letter?

Brent T. Geers
Brent T. Geers answered on Feb 14, 2022

You could. But the real issue is that your ex-husband needs to be clear and make clear to his current wife that decisions about the child you two have in common are between you and him, not her. If she has an issue, she should be talking to her husband, who should only then address it with you.

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for Michigan on
Q: My son was coaxed into signing away his rights to his son in Michigan. How can he get them back.

My grandson resides in Michigan with his mom. In 2020, he was taken from her. She and my son were given a list of requirements that had to be met in order for her to get him back. My son was told that if he signed away his rights it would get my grandson out of foster care sooner, so he did. Not to... Read more »

Brent T. Geers
Brent T. Geers answered on Feb 14, 2022

This is a highly complex situation. Reading between the lines based on Mom having the kids now, it sounds like CPS and the foster care workers believe your son has some significant culpability. Do you know if he signed a custody agreement or a voluntary termination of parental rights? Those are two... Read more »

1 Answer | Asked in Family Law and Landlord - Tenant for Michigan on
Q: I live in a subsidized apartment complex. Can the managers refuse to let my 17 yr old granddaughter move back in.

I have guardianship of my granddaughter. My granddaughter has moved out twice. I'm disabled and need her help. My granddaughter has some mental issues.

Brent T. Geers
Brent T. Geers answered on Feb 9, 2022

What was the cause of her moving out before? If the apartment complex is refusing to allow her back due to an incident or conviction, then you may have a tough choice to make.

1 Answer | Asked in Family Law for Michigan on
Q: May a guardian sign do not resuscitate forms without notifying the family?

Is it mandatory that a guardian of an incapacitated adult notify the family and/or court when they sign do not resuscitate forms for the ward?

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

I do not believe so as to the family. Perhaps from the court.

1 Answer | Asked in Family Law for Michigan on
Q: What can happen if I go no contact with my family?

Location: Michigan

Age: 19

Situation: Leaving Saudi Arabia from an Abusive situation with my family

I'm an American Citizen leaving saudi arabia on the 15th to america, I'm an american citizen as well, what can happen if i do choose to go no contact with my family? can they find me?

Brent T. Geers
Brent T. Geers answered on Feb 2, 2022

If you are an American citizen with a passport, it sounds like you could purchase a ticket a fly back here on your own. Can your family find you here? Probably. What can happen if they do find you? Probably nothing legally. But you're under no obligation to keep contact with them.

1 Answer | Asked in Family Law for Michigan on
Q: We have joint custody Can I take him to a specialist for treatment without the other parent's permission?

I have Medicaid in MI. Ex took him to Indiana to another doctor because he refuses to believe the child has a gluten allergy and gave me the bills.

Brent T. Geers
Brent T. Geers answered on Feb 2, 2022

Neither of you should be taking the child to any doctor, except in an emergency, without the other's knowledge. You both have the right to see records, and agree on courses of treatment. In a dispute, a judge is likely going to side with the opinion of the child's primary physician.

2 Answers | Asked in Family Law, Civil Litigation and Small Claims for Michigan on
Q: I lent a man I was seeing last year money totaling around $3200 and do not know how to go about getting my money back.

It was 3 increments of money I don’t have specific proof of. Vague texts and the proof of withdrawal from my account but nothing showing it went to him

Michael Zamzow
Michael Zamzow answered on Feb 2, 2022

You might consider talking to a lawyer about this directly, but do a little research first through a legal aid website, on how to file a small claims lawsuit. That might help you direct your questions if you find a lawyer willing to answer a few questions. You could certainly hire a lawyer to help... Read more »

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