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Michigan Family Law Questions & Answers
1 Answer | Asked in Family Law and Elder Law for Michigan on
Q: If a defendant ignores contempt of court declaration, what happens?

Defendant is 94 years old.

Brent T. Geers
Brent T. Geers
answered on Oct 7, 2022

Way too much going on here that we don't know to form an opinion. If there is contempt, you can bring it to the court's attention, usually through a motion.

1 Answer | Asked in Education Law and Family Law for Michigan on
Q: My wife and child were a victim of intimidating and verbally abusive behavior from a teacher at my sons school

Can i file a ppo on my sons behalf? It has affected his ability to feel safe and comfortable at school and is affecting his education

Brent T. Geers
Brent T. Geers
answered on Oct 5, 2022

What is the school saying about this? That should be your first stop.

1 Answer | Asked in Family Law and Civil Litigation for Michigan on
Q: My gf's parents claimed her as special needs dependent and she doesnt want to be claimed. How does she get out of it?

She has hydrocephalus and mild cerebral palsy. She doesn't wanna be around her racist stepdad and her mother isn't helping 50% because of her unapproval for me and 50% because she has debilitating back issues. Her aunt and uncle agrees with me and her but don't wanna overstep the... Read more »

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

How old is your girlfriend? I'm not sure one issue has much to do with the other; one's a tax issue and the other is a relationship issue.

1 Answer | Asked in Family Law for Michigan on
Q: Hi may I relocate to another state if the other parent isn't in my childs life at all and is not helping financially?

No child support case and other parent has been in and out of jail, he has refused to co parent on multiple occasions when I tried to co parent. He has chosen to stay completely out of the children's lives I want to move to Washington state from the state of Michigan due to Im getting married... Read more »

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

Is there any custody or support order? You should review with an attorney, and you may need to file a change of domicile motion.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My daughter is 12 she’ll be 13 in three months She don’t want to go to her dad house so I have to make her go

I am waiting on a court date to modify parenting and I am asking to modify parenting time because my daughter doesn’t want to go over her dad house all the time and she doesn’t like how he’s been treating her or the things he have said about me to her I hate having to make her go and here... Read more »

Brent T. Geers
Brent T. Geers
answered on Oct 1, 2022

You are doing the right thing by filing the motion. Perhaps there is something negative going on that your daughter is afraid of disclosing. Still, your duty is to comply with the parenting time order and continue facilitating her relationship with her father. Typically in these situations with a... Read more »

2 Answers | Asked in Probate and Family Law for Michigan on
Q: How do I stop a legal guardianship on an adult?

My brother was in a terrible motorcycle accident and is currently on a ventilator. He has never been married and has no children and lives byhimself. My sister is trying to get legal guardianship without the consent of myself and my other brother. How can I handle this?

Brooke Lauren Archie
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Brooke Lauren Archie
answered on Sep 27, 2022

Hi. It looks like you’re in Virginia so the law may differ from Michigan’s where I practice. However, generally, consent is not required from all interested parties. Yet, as an interested party, you do have the legal right to object to your sister’s appointment as guardian if you believe she... Read more »

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1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: I currently have my children every other weekend and one weekday every week and have joint custody, The father just died

Long story short my exhusband lived with his parents so they helped raised my 2 boys for the last 10yrs of their life They decided to withhold this info from me because they did not want my boys to come to my house permanently since their father is not alive Another family member thought it was not... Read more »

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

The police are right: this is a family court matter that needs to be addressed there. If you do not have legal custody of the children, it's possible that with the father dead, the grandparents would become guardians. And even if you have shared legal custody, the best interest of the child... Read more »

1 Answer | Asked in Family Law for Michigan on
Q: Currently get my children every other weekend just found out the father passed away.

Unsure what to do father passed away. The family is now withholding my children from me even though it’s my weekend to pick up. I called the local authorities and they stated that the family members can still withhold my children from me even if father is dead and that is a family matter and I... Read more »

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

Go to the family court tomorrow (Monday) or as soon as you can. The result will depend on if you have legal custody.

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Can we apply for/sign a Marriage license in Michigan if we are Common Law Married in Colorado?

My husband and I declared ourselves married while living in Colorado back in 2016. We have since moved to Michigan and have decided to finally get around to having a ceremony. This will be more a renewal of vows but someone brought up signing a marriage license, since we don't have one. Is... Read more »

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

Interesting question! Have you been filing taxes jointly? As you probably already know, but for others' benefit who may come upon this question, common law marriage is a legal form of marriage in some states. Michigan does not allow for common law marriage, but does recognize marriages legally... Read more »

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: I plan to file for divorce once I move out. If I file for divorce, the house we live for 18 years would have to be split
Kyle J. Bristow
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Kyle J. Bristow
answered on Sep 21, 2022

Marital assets need to be divvied up in a “roughly congruent manner” during a divorce case. Real property acquired during the marriage constitutes a marital asset.

If the parties can’t agree as to the value of the house and who should keep it in exchange for buying out the other...
Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on
Q: Moving to another state to file divorce?

I am currently in a terrible marriage and would like to get divorced (living in MI) but i have no where to go or any financial support other than my family who lives in UT, my plan is to move to UT with my child and file for divorce, is there a certain way i should start this process?

Kyle J. Bristow
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Kyle J. Bristow
answered on Sep 21, 2022

You should immediately and privately consult with a lawyer in Utah to inquire about the state’s requirements to file for divorce. Many states have a waiting period for new residents before someone can file for divorce. Also, if your spouse has no connection to Utah, then an Utah court would not... Read more »

1 Answer | Asked in Contracts, Family Law and Wrongful Death for Michigan on
Q: As a 16-year-old, I want to get a CSI report on the death of my mother. How do I obtain this? Can I do it myself?

The death was deemed a suicide, in 2007. I have the CSI officer's name. My mother did not have any other children, however, my dad, her husband before she died is still alive and I live with him. The case is closed.

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

I don't think it's a CSI report you are looking for; perhaps an autopsy report? You are going to need an adult to help you get that.

1 Answer | Asked in Family Law for Michigan on
Q: A teacher made physical contact with my son at school with her body after backing him into an open locker. Its on video.
Brent T. Geers
Brent T. Geers
answered on Sep 19, 2022

What's your question? Are you alleging a physical or sexual assault occurred?

1 Answer | Asked in Criminal Law and Family Law for Michigan on
Q: What if the victim doesn't fill out the victim packet before the defendant has not been notified of any charges filed...

...yet. Is it likely court will continue with charging person accused of the DV?

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

Not sure what you are referring to by "victim packet" but prosecutor doesn't need that to move forward with charges.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: If my aunt has guardianship of my daughter, is she allowed to let her live with us(her parents)?

My daughter's father and I lost custody in 2019. (It's a long story) We fought to get her back for 2 yrs. And then had to give my aunt guardianship so they wouldn't take our rights. She had cancer so she had to go thru chemo and radiation and a few months later, they told her she was... Read more »

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

It's an uphill battle, but it can be done where the guardianship is terminated. Were your rights terminated - either voluntary or involuntary after a trial? That will determine whether it's a matter of terminating the guardianship or you becoming guardian of your own child.

1 Answer | Asked in Criminal Law, Family Law and Personal Injury for Michigan on
Q: My daughter was assaulted by father. There are 3 urgent care doctor reports. Cps did nothing. Only reported one assult.

I called police to see if I can report the other two. Got the run around in Jackson county. I finally was told I could report her father biting her. She scratched him protecting herself and he put charges on the child although her injuries were more severe. He made things up to have her go to... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 10, 2022

There is, unfortunately, nothing other than reporting to the police. Perhaps try contacting the prosecutor's office; they are the ones who determine who to charge and with what, not the police.

1 Answer | Asked in Contracts, Estate Planning, Family Law and Civil Litigation for Michigan on
Q: Does my aunt owe me money for not doing as she promised

I bought my home from my grandmas estate. My aunt was executor of the estate. Part of the deal when buying the house was that uncle would help me install new siding. Since the moment I paid them they have 100% ignored me. I have the siding, but now need to pay someone to install it

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

What was in the written agreement? It's unlikely you can enforce an agreement to "help".

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: As the mother of my one year old son, am I legally allowed to move to a different state while the father is in prison?

Hey there.. The father of our son whom is in prison will constantly threaten to evict our son and I out. He is in prison for 3-15 years. It would also be helpful for the steps I'd have to go through.

Brent T. Geers
Brent T. Geers
answered on Sep 1, 2022

Is there a current custody case? Best steps would be to file a motion seeking the court's permission.

1 Answer | Asked in Real Estate Law and Family Law for Michigan on
Q: Is it illegal for real estate agents to do a background check on someone who is not a client from them?

My parents are real estate agents and used spokieo to do background check on my fiance with our knowledge or consent. They did this because they didn't like how we are waiting for him to meet my parents. They made it seem like no big deal because they have a real estate license and can do this... Read more »

Brent T. Geers
Brent T. Geers
answered on Aug 29, 2022

Anyone can do a background check on anyone nowadays.

1 Answer | Asked in Immigration Law and Family Law for Michigan on
Q: Married my husband in 2017 he is threatening to marry in his country when he goes for his next trip and is also threaten

Also threatening to leave me homeless he’s also waiting for immigration to approve his visa for citizenship

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 23, 2022

There are several legal issues that directly affect you in the areas of immigration and family law. In order to properly understand your legal strategy regarding your present spouse I recommend immediately consulting an experienced immigration attorney without any delay as you need to gather legal... Read more »

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