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Michigan Family Law Questions & Answers
1 Answer | Asked in Family Law for Michigan on
Q: I need help figuring out how to object to recommendations and proposed orders and I also wanna know about case transfer

I really need help but I don't have much money so any help will be appreciated...I requested a schedule change and also support modification as my former spouse only pays for health insurance ($31 x 2 a month) and I provide for everything else, (clothes, feminine products, school, etc..) we... View More

Brent T. Geers
Brent T. Geers
answered on Dec 28, 2020

You will not be able to transfer the case to a different county under these facts. Attorneys and court staff routinely have personal family legal matters in the county they work in. If your ex is an adult criminal probation officer, he likely has very little to do with family court judges and the... View More

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: does Michigan deal with out of state parents paying child support is everything done by the state that the payer's in?
Brent T. Geers
Brent T. Geers
answered on Dec 1, 2020

Yes; the order remains with the originating state. The state where the payer is in will enforce the order. And as you might imagine dealing with multiple agencies in different states: keep receipts and an accounting.

1 Answer | Asked in Family Law for Michigan on
Q: Can an attorney subpeona evidence against their client prior to even having a court date set for child support hearing?

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Brent T. Geers
Brent T. Geers
answered on Nov 13, 2020

Both parties can conduct discovery. You have a legal obligation to answer the subpoena by providing the relevant information requested. You also have the right to request the same from the other side. If you do not respond, the court can refuse to accept what you have into evidence, so it would be... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Can my sons mom work at his school during days when it’s not her days to have him and therefore see him every day?
Brent T. Geers
Brent T. Geers
answered on Nov 10, 2020

Your question begs the response most family law practitioners and judges urge clients: everything revolves around the best interest of the children, not the parents. One of the best interest factors is the parents willingness and ability to facility the parent-child bond with the other parent. I... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: A friend that is supposed to get to see his son every other weekend and she won’t let him due to drinking can she?

He is seeking help for alcoholism she won’t even let them talk on the phone

Brent T. Geers
Brent T. Geers
answered on Oct 30, 2020

Too many unstated factors here....and it comes down to a bit of common sense. Is he drunk or hung over when his parenting time is to start? If so, I doubt any judge would think it's appropriate for a parent to exercise parenting time while intoxicated. If he is known to drink to the point of... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My kids are in custody of the state I'm doing what they asked can they deny returning them to me? their mom lost them.
Brent T. Geers
Brent T. Geers
answered on Oct 14, 2020

Yes; you should seek advice from an attorney versed in abuse / neglect proceedings. "doing what they asked" is a necessary first step, but the law is far more complex than that, and many other factors are in play.

1 Answer | Asked in Family Law, Banking and Elder Law for Michigan on
Q: A deposit was made to joint acct, one member dec'd, thought deposit was a benefit or payment due to me as executor

didn't know if it was reverse mtge or life or whatever, it continued past his death till last month. I was on the acct way before the death. Is this a criminal error?

Brent T. Geers
Brent T. Geers
answered on Oct 6, 2020

So what was the deposit for? It's probably not criminal but you may need to repay it to whomever made the deposit at some point.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My exs (never married) Fiancé has past domestic charges. Is that considered a potentially dangerous living situation?

My Ex’s fiancé has 3 separate domestic violence charges. He doesn’t have custody of his child nor does the child’s mother.

Brent T. Geers
Brent T. Geers
answered on Oct 2, 2020

Not necessarily. The concern for a family court judge would be what is going on now, not this person's past.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: With no custody order can the other parent demand where and how a regular visit is to be done.

I’ve raised my son since he was one he’s now 5

6 70% overnights to her 30%. She is now withholding him for over a month physically and allowing him to talk to me 1 day a week on the phone.she ignores any questions I have that regard my son. The beginnings of a custody case is in... View More

Brent T. Geers
Brent T. Geers
answered on Oct 2, 2020

Sounds like you are on the path to a resolution through mediation. There will likely be a specific parenting time plan order put in place that you and she can rely on.

1 Answer | Asked in Criminal Law and Family Law for Michigan on
Q: How might an unarmed robbery felony conviction affect parenting time case in Michigan

From 2011 but person was released from probation “without improvement” and ended up with a psych evaluation to stand trial

Brent T. Geers
Brent T. Geers
answered on Oct 1, 2020

Not something you'd ideally want to contend with in a parenting time dispute. That said, the court's focus is on what's best for the child. Unless there is something about the conviction or psych evaluation that impacts parenting, it should not be a big deal as long as ongoing... View More

1 Answer | Asked in Family Law for Michigan on
Q: Is what my mom did illegal or no

So I moved out of my mums house 3 months ago and during this time I had only a few chances to get small portions of my stuff. She promised me that the rest was going in her storage In the same city but she ended up taking it to my grandparents 4 hours away. I have 0 way of getting my stuff and even... View More

Brent T. Geers
Brent T. Geers
answered on Sep 30, 2020

I assume you are now an adult (over 18)? Unless you have something in writing from her saying that she agreed to keep your things for a set period of time, I'm not sure she did anything illegal - particularly since it sounds like she just moved it rather than threw it away or destroyed it.

1 Answer | Asked in Divorce, Family Law, Civil Litigation and Landlord - Tenant for Michigan on
Q: At what point is personal property considered abandoned?

A friend of mine and his wife split up. She left the dwelling they shared and moved in with family. The divorce is in the early stages currently. She left several of her belongings behind and said she'd return but hasn't. My friend is now wanting to move from the home as the lease they... View More

Brent T. Geers
Brent T. Geers
answered on Sep 30, 2020

Until the divorce is complete, that property is still at issue. Could he box this things up and bring them to her current place?

1 Answer | Asked in Family Law, Arbitration / Mediation Law, Child Support and Public Benefits for Michigan on
Q: How do I reopen my case after we both agreed to have it closed because we were living together but aren't anymore?

The father of my 2 children and I had been together for 16 years. Living together for over 10, our eldest is 14. We both agreed to stop child support because it was OUR income/outcome but he recently moved out. He is on the lease/utilities and state grant (DHS), I am unable to provide a forwarding... View More

Brent T. Geers
Brent T. Geers
answered on Sep 27, 2020

Contact your county's DHS office or Friend of the Court; they will take it from there.

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Husband threatening me.

I had an affair that ultimately resulted in me filing for divorce. My husband agreed that was what he wanted. He moved out as soon as the papers were filed. I live in MY house with our three kids. My oldest is almost 13 and when we were all together before he moved out, we both agreed she was... View More

Brent T. Geers
Brent T. Geers
answered on Sep 25, 2020

What you are experiencing is unfortunately not all that uncommon when divorces are filed - emotions and feeling change, and people's memories of how things were become fuzzy.

There is an orderly process to resolve divorce issues through the court system; and that process is intended to...
View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Michigan on
Q: I want to win my divorce and custody case between me and my wife.

She filed for custody and I sent back the questionnaire but divorce papers still have not been filed yet. I am in Oak Park Michigan. I have been married for 16 years and there are four minor children. My son lives with me. What is my next legal step? I already tried to get the case dismissed and... View More

Brent T. Geers
Brent T. Geers
answered on Sep 24, 2020

The case will not be dismissed if she is actively pursuing it. Under what grounds would the court have authority to dismiss it? You could file for divorce since she apparently hasn't yet. That should be your next step.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Can a mother leave the her kid with a boyfriend while she has visitation?

My nephews mom is on heroin with her boyfriend, we don't have 'proof' of her use only his, she gets him Thursday threw Monday but I know she's checking into a methadone clinic for the days he's supposed to be with her. She's leaving her son with her drugged out... View More

Brent T. Geers
Brent T. Geers
answered on Sep 17, 2020

The best course of action would be for the father to file a motion with the court.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: I would like to end my relationship with my kids' (8 yrs old and 7 mths) father and I want to take the children with me.

He's told me, if I decide to leave the relationship then the children must stay with him because we have all been living together at our apartment together for the past several years. I live in Michigan and I want to know if I have any rights being their mother. There is no custody order in... View More

Brent T. Geers
Brent T. Geers
answered on Sep 17, 2020

The answer to your question depends on whether his is the legal father to the children. From there, unfortunately, it may become a race to the courthouse. Unless you are married, you as the mother would have initial custody of the children. But not, do not expect the police to help in this matter... View More

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: My ex and I have a custody 80/20 custody agreement. He wants shared custody but he lives over an hour from their school.

The children are 5&8 and I just bought a house where the school is across the street. The kids would have to be awake by 6-6:30 to be out of the house by 7:15 to be on time at 8:30 to school. I do not think this is an acceptable arrangement but I am still worried. He’s an active father and... View More

Brent T. Geers
Brent T. Geers
answered on Sep 16, 2020

One step at a time....has your ex filed anything with the court? Until he does, and a judge agrees with him, the court orders remain in place. It will be hard for any attorney to give you a definite opinion without a pleading. What can be said is that if your ex wants a change, it will be his... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Is there anything I can do to prove my child's father cannot be trusted to take care of her?

I plan on leaving my child’s father soon and I know a court battle will eventually occurr. Currently we live together and unless i ask him to do something everything is pinned on me. He sleeps well into the early afternoon daily. I have attempted to leave before and when I have I get numerous... View More

Brent T. Geers
Brent T. Geers
answered on Sep 15, 2020

You would have the opportunity to present evidence on what's called the Best Interest of the Child factors before the judge determines custody. However, keep in mind that the court must determine custody going forward; that he has left you to do the work because you are there is not... View More

1 Answer | Asked in Family Law for Michigan on
Q: My boyfriend wants to get visitation set up through the courts to see his son. How does he do that?

there isnt anything set up through the courts right now. The child lives in a different county so what county do we contact?

Brent T. Geers
Brent T. Geers
answered on Sep 5, 2020

The county where the child is located will generally have jurisdiction unless a matter concerning the child was already started in another county. Your boyfriend would quite likely need to file an action where the child is now located.

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