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Michigan Family Law Questions & Answers
1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Michigan on
Q: My soon to be ex husband has washed our 7yr olds’ mouth out with dish soap, on multiple occasions. What do I do?

In the past month there’s been atleast 6 incidents of him doing this to our child. All because of daily reports from school. He only has our child for a few hrs on Wednesdays and every other weekend. So sometimes it’s from something that happened a week prior.

T. Augustus Claus
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answered on Dec 20, 2023

If your soon-to-be ex-husband has been washing your 7-year-old's mouth out with dish soap on multiple occasions, it's a serious concern that may warrant immediate action. Document each incident, including the date, time, and circumstances surrounding the washing, and gather any evidence... View More

1 Answer | Asked in Family Law, Elder Law and Probate for Michigan on
Q: What (in detail) is a verifiable 3rd party in Michigan when it comes to Adult Guardianship visitation & my rights as GA?

I was appointed full Guardian of my mother. I signed a settlement before trial with my sibling (opposing party & lives out of state). Visitation is of subject. The settlement says the following: Social plans for "mom" shall be considered if they conflict with a proposed visit,... View More

Brooke Lauren Archie
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Brooke Lauren Archie
answered on Dec 20, 2023

Although many of us will read the terms and think that the meaning is clear, it is apparent that there may be multiple interpretations of the visitation terms that the court has put in place. In instances like this, particularly where there has been discord among the interested parties, the best... View More

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: My wife charged up 2000. In credit card debt after I filed for divorce. Am I responsible for half of that debt?
T. Augustus Claus
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answered on Dec 20, 2023

In Michigan, the responsibility for credit card debt incurred by your wife after filing for divorce may depend on various factors, including whether the debt was accrued for marital purposes or personal expenses. Generally, debts incurred for marital purposes are considered marital debts, and both... View More

2 Answers | Asked in Estate Planning, Family Law and Probate for Michigan on
Q: How can I find out who the lawyer is that is overseeing my fathers will
Kenneth V Zichi
Kenneth V Zichi
answered on Dec 20, 2023

Lawyers do not ‘oversee’ wills.

Is your father still alive? You have no rights your father doesn’t provide you — ask him and if he chooses to answer — there you are. If he chooses NOT to answer — there is no recourse.

Is your father now deceased? The Personal...
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2 Answers | Asked in Estate Planning, Family Law and Probate for Michigan on
Q: How can I find out who the lawyer is that is overseeing my fathers will
T. Augustus Claus
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answered on Dec 20, 2023

To find out the lawyer overseeing your father's will in Michigan, start by checking the will for any mentioned contact information. Reach out to the executor, if appointed, as they likely have details about the lawyer. Contact the probate court in the county where your father lived at the time... View More

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1 Answer | Asked in Family Law for Michigan on
Q: May the family get a copy of the body release form signed by the "next of kin"?

What state department may I contact to inquire about the lack of information and transparency in regards to the funeral director duties?

James L. Arrasmith
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answered on Dec 17, 2023

In Michigan, family members generally have the right to access certain documents related to the handling of a deceased relative's remains, including the body release form signed by the next of kin. If you're facing difficulties obtaining this information, there are steps you can take.... View More

2 Answers | Asked in Divorce, Real Estate Law and Family Law for Michigan on
Q: How can I ensure my husband can not sell our property without my knowledge as I’m not in our title or mortgage.

Sometimes I fear he sells it without me knowing before he plans to leave me, leaving me with nothing….this is anxiety but better safe than sorry

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 30, 2023

If you have no interest in the property your 'consent' is not needed to remortgage, sell or otherwise dispose of it. In the recent past when Michigan provided Dower rights to wives, that would not have been the case, but that archaic law has been repealed so, now, you're just a... View More

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1 Answer | Asked in Real Estate Law, Divorce and Family Law for Michigan on
Q: My ex is on the deed, the mortgage is in my name alone and I bought the house prior to us being married.

Per our divorce degree I agreed to pay the house till my last child was 18. At which point I plan on retiring. What can I do to make sure I don’t have to pay any more.

David Soble
David Soble
answered on Nov 23, 2023

The divorce decree is a court order that is binding on both parties. However, the mortgage will need to be paid by someone if it has not matured by the time your last child turns 18. So if the provisions of the divorce decree fail to address this issue, or does not provide that your ex- spouse is... View More

1 Answer | Asked in Family Law for Michigan on
Q: Legally, is the next of kin to a biological child, both biological parents?
Brent T. Geers
Brent T. Geers
answered on Nov 21, 2023

The next-of-kin for a minor child would be one or both LEGAL parents, which in most cases are the same as biological parents. Fathers of children born out of wedlock need to establish paternity to become the legal father. Even when children are born of a marriage, a court's custody... View More

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: My parents are living separate and I want to move back into my dads house, she wants to go back to guam though.

My parents are living separate so technically I still legally live with both since they're not divorced. I live with my mom in Michigan, I want to go live back with my dad since hes asking me too because of my mom's ignorance and my moms boyfriend always coming over to where I live... View More

James L. Arrasmith
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answered on Nov 19, 2023

In Michigan, if you are under 18 and your parents are not yet divorced, both parents still have legal responsibilities towards you. If you choose to live with your dad and your mom moves to Guam, this arrangement can be legally permissible as long as your basic needs are being met and you are in a... View More

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: A person representing friend of court lied to the judge in court. What do I do? I have proof.

We were at a motion to change child support that I filed. I emailed 3 paychecks to friend of court. They lied about what’s on the paychecks. I’m calling Monday to get a transcript of the court proceedings also for evidence.

Brent T. Geers
Brent T. Geers
answered on Nov 18, 2023

To change support, you need to meet a threshold for a change: generally, the new guideline amount would need to differ by more than $50 or 10%. So the issue you are facing is not so much the FOC worker testified to a differing amount on the checks; the issue is whether they properly calculated a... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Is it legal to put hidden cameras in my home to collect evidence that my child's dad is abusing him without him knowing?

I am planning to leave my boyfriend (father of my 2 young children) but I intend to win majority custody. I know for a fact he is not a fit parent to have majority. I am the only one who takes care of the children's needs and he is physically abusive to them. I need to collect proof of this... View More

Brent T. Geers
Brent T. Geers
answered on Nov 14, 2023

Can you? Probably. Should you? Probably not. I understand what your intent is, but a lawyer's job is sometimes to make you aware of the unintended affects you may be unaware of.

Consider this: You leave him and file for custody alleging that he abused your child and you have video...
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2 Answers | Asked in Divorce and Family Law for Michigan on
Q: I’m looking for a motion to modify divorce decree, but not pertaining to child support, custody, or parenting time

I need to file a motion to amend my divorce decree post finalization. I’m in seek of the proper form needed to file this motion. Thank you.

James W. Kraayeveld
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James W. Kraayeveld
answered on Nov 21, 2024

Most court's have a physical legal assistance center that you can visit or you can always visit the Michigan online assistance center: https://legalassistancecenter.org/

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1 Answer | Asked in Family Law, Child Support and Civil Litigation for Michigan on
Q: How do I find out if the person I’m involved with is the same person that is listed on a paternity claim A common name

His name is common and there is no information on the description of the person

Brent T. Geers
Brent T. Geers
answered on Oct 29, 2024

If you are nearby the courthouse, you could stop in and ask to look at the file. Otherwise, what does the person you're involved with say about this?

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: Custodial parent now has FT job vs part time like when order was completed. Will non-custodial parent CS increase?

In the state of MI, when our child support was first done, my ex (custodial parent) was only working 20 hrs or so making maybe 10-12k/yr. If she decides to get a full time job, will my (non-custodial parent) child support payment go up?? Paying just over $800 now for 1 child (age 16) that I have... View More

Brent T. Geers
Brent T. Geers
answered on Oct 7, 2024

Maybe, but probably not by much without a substantial increase in actual income. Further, it would not be uncommon for the current support order to have imputed full time income when calculated, so the switch from part-time to full-time may already be accounted for.

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: Does terminating my parental rights cancel my child support order

This is an out-of-state issue, my daughter has decided she wanted to live with her dad, so she changed domicile to Michigan. I was ordered to pay child support, however, I have no communication with her because she won’t answer my calls, text, and neither will her father. I don’t want to pay... View More

Brent T. Geers
Brent T. Geers
answered on Oct 3, 2024

Unless there is a step-parent adoption, or you can get the father to agree to no support, there will be a support order. The law and public policy prohibit you from simply terminating your rights as an end-around to a child support obligation.

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for Michigan on
Q: what is my next step if i lost custody of my child and the Supreme Court won't hear my case?
Brent T. Geers
Brent T. Geers
answered on Sep 30, 2024

You should consult with an attorney and see if a federal issue is present in your case. Otherwise - and realistically - it is unlikely any court will overturn this decision.

1 Answer | Asked in Criminal Law, Family Law and Probate for Michigan on
Q: How do I request a copy of my competency report that has been sealed by the judge in my criminal court case?

My mom needs it to get guardianship of me.

Anthony M. Avery
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answered on Sep 11, 2024

Make a motion in your criminal case to unseal it or just get a copy of your report. However first talk to your lawyer as it might affect your criminal case.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: i have a friend who is not married and has a kid with her boyfriend. she wants to leave but he threatens to take baby

He threatens to call the cops and say she’s unfit to make sure she can’t leave. he makes her feel it’s an impossible situation to get out of. he doesn’t abuse her. she just doesn’t want to be with him anymore. What can she do. Will she be able to leave ? Does he have any parental rights... View More

Brent T. Geers
Brent T. Geers
answered on Sep 9, 2024

First things first: yes, she can leave. While he may be the legal father, the mother has initial custody.

She should prepare to leave when it is safe to do so (e.g., has some place to go).

1 Answer | Asked in Family Law for Michigan on
Q: If a court order is stamped with a date/filed on a specific date, when does the timeline start for things in the order?

Filed a motion and the order was stamped with a date. Within the order were specific timelines, such as therapy once a month, visits every two weeks. Does the month start the date the order was stamped or at the beginning of the next month. For example, order was dated, stamped and filed on... View More

Brent T. Geers
Brent T. Geers
answered on Sep 3, 2024

Your general interpretation is correct. Presumably, you had a hearing where the judge said what the order will be. You, or your attorney - or perhaps the opposing attorney - was asked to reduce it all down to writing and file it for judge's signature. Orders typically have immediate effect.

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