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Michigan Family Law Questions & Answers
1 Answer | Asked in Family Law for Michigan on
Q: Got a strange email. It says" Find attached a case filed against you. You are required to appear in court 30 August 2024

with the attached lawsuit" The attachment is not readable. Can you explain? Tom Mooney

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

This is likely a scam. Call the court indicated to confirm, but email - absent some pretty specific exceptions - is not a proper form of service to start a case.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: I’m searching for parents of a child in my care. How long does it need to be in the newspaper?
Brent T. Geers
Brent T. Geers
answered on Aug 18, 2024

How long has this been going on? Have you considered petitioning for custody / guardianship?

1 Answer | Asked in Family Law for Michigan on
Q: Does a first born illegitimate son have any rights on estranged fathers estate

First born son and father found out about each other at sons age of 36 hasn't talked or able to get a hold of father for 20 yrs. Found out by fathers second son that he died. Second son shares last name with father first son does not. Is second son legally to keep all of fathers estate

Brent T. Geers
Brent T. Geers
answered on Aug 16, 2024

Potentially no. If there is no will that mentions the first son, that son would be considered an "omitted heir", potentially entitling him to the same share of the estate as the other son.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My baby's father took my baby, is refusing to let me see her, & the police won't let me. What can I do?
Brent T. Geers
Brent T. Geers
answered on Aug 5, 2024

You need a court order. The police will otherwise not interfere.

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Constitutional Law for Michigan on
Q: if I was a victim of domestic violence 3 years ago from my son's father and I have multiple photographs of The assault,

but in fear for my life never reported the abuse, then this year he called the cops lying saying i attacked him and had me arrested based on an audio recording from a fight a verbal argument when he crashed and hacked into my Wi-Fi breaking my new router but didn't have any physical evidence... View More

Brent T. Geers
Brent T. Geers
answered on Aug 5, 2024

You could try, but I doubt a prosecutor would want to charge something like.

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1 Answer | Asked in Family Law, Child Support and Civil Rights for Michigan on
Q: Are my parents allowed to take my things that i bought at 16?

My dad mostly goes in my room and takes things when im not there saying this is my house making you room.my property, but i bought those things making them my property meaning he is technically stealing from me?

James L. Arrasmith
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answered on Jul 28, 2024

Navigating the boundaries of personal property while living under your parents' roof can be challenging. Legally, parents often have broad authority over their household, including your room and belongings within it. This means that while you may have purchased items with your own money, your... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for Michigan on
Q: If I am an estranged next of kin, can I walk away from handling all of the deceased property/bills/creditors?

I am not speaking with my mother. When I was, she wouldn't have a will notarized or witnessed so I don't think she has one now. She is a hoarder and I am disabled, so I don't believe I can or should have to clean anything up after she passes. What are my options in Michigan?

Brent T. Geers
Brent T. Geers
answered on Jul 23, 2024

You are not obligated to do so. Does she own her residence? Eventually so other entity (e.g., bank, city, creditors) will take over, clean everything out, etc. But don't expect anything if that's the route you go.

1 Answer | Asked in Family Law and Social Security for Michigan on
Q: My daugther was born after her fathers death. How do I get survivors benifits for her?
James L. Arrasmith
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answered on Jul 18, 2024

To get survivors benefits for your daughter, you need to gather specific documents and information. First, you'll need proof of your daughter's relationship to her father, such as her birth certificate. You’ll also need a copy of the father’s death certificate and his Social Security... View More

1 Answer | Asked in Family Law for Michigan on
Q: I live in Michigan and I live with my cousin. I have an issue with my sister just popping in whenever she wants.

Normally this would not be an issue but my sister and I have a very long issue with her coming into my home when I am not around, sleeping with my man, telling my man lies and causing problems for me to come home to, leading to destruction of my relationships and moving abruptly on multiple... View More

Brent T. Geers
Brent T. Geers
answered on Jun 27, 2024

This is more a boundary issue than a legal problem. Is it your's or your cousin's house? Depending on your answer to that, you need to have a conversation with your cousin about this and whether you or they need to move out if you can't be on the same page about this issue.... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Michigan on
Q: What are implications for child support/custody? I am from Ontario and the mother is from Michigan?

Does it matter where the child is born? We live together in Michigan currently.

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

It matters greatly and particularly where the child lives as that establishes jurisdiction. It sounds like that would be Michigan for you, which means Michigan courts and law will apply.

1 Answer | Asked in Family Law for Michigan on
Q: My daughters fathers was taking me to court for joint custody. Before our court date a so called family friend

Petition the court to intervene. The judge denied that motion. We had another court date set but a day before that court date we received notice for a guardianship court date in probate court witch was one day before or custody court date. The judge granted guardianship of our daughter to them.how... View More

Brent T. Geers
Brent T. Geers
answered on Apr 30, 2024

You need an attorney immediately. Your concern right now should be less about procedure (e.g. how the court did this) and more about the facts (e.g. why the court did this).

1 Answer | Asked in Family Law for Michigan on
Q: How long does an attorney have to file a court order in family court?
Brent T. Geers
Brent T. Geers
answered on Apr 11, 2024

Depends...and then a judge still needs to sign it, which takes more time.

1 Answer | Asked in Contracts, Family Law, Child Support and Collections for Michigan on
Q: What can you do when the judge lies to you and your court appointed attorney does nothing

I had an attorney that was going to handle my case pro Bono and the judge said that they could not do it because I was not a resident of the state of Michigan but how can that be true if I am in court in that state my lawyer would have to be licensed in that state

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 7, 2024

You can be hauled into court in Michigan even if you are not a Michigan resident. If you are not a resident, according to the judge, you are not eligible to have a court appointed attorney.

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Other than the summons and complaint which papers do I serve my ex. Very overwhelmed
Brent T. Geers
Brent T. Geers
answered on Mar 21, 2024

See if your county or courthouse has a legal assistance center that can advise you on this. In many places, a packet of papers are available complete with instructions.

1 Answer | Asked in Family Law for Michigan on
Q: My child is 5 years old. The father wants 50 50 custody now that he is married.he wasn't around before that..

How do I fight this .I'm a stay at home mom who was going to homeschooling my child..

Brent T. Geers
Brent T. Geers
answered on Mar 13, 2024

You fight by preparing a response to his motion and attend the hearing. You seem to have a custodial environment established. I think before a judge were to change custody, they would want to know to what extent his hasn't been around and why.

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: I have a question about removing a non biological father from the birth certificate in Michigan

Me and my girlfriend at the time were both at the end of getting divorced? Before the divorce was finalized my girlfriend ending up getting pregnant and delivering our daughter. Since she was still married to another man legally his name was put on the birth certificate. He lives in Texas and... View More

Brent T. Geers
Brent T. Geers
answered on Feb 1, 2024

You will likely need to file a motion in the family court with jurisdiction here in Michigan. Preferably, you can have the non-biological father stipulate to the set of facts.

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Michigan on
Q: An email from opposing counsel to my counsel shared docs of illegal activity by their client. Can I share with police?

My ex & his wife record my convos w/my daughter while she's w/them. Is this eavesdropping? They shared the docs w/date/time/length/and summaries w/their lawyer who shared w/my lawyer & he shared w/me. Can I file with the Michigan State Police - criminal since they shared?Opposing... View More

Brent T. Geers
Brent T. Geers
answered on Jan 11, 2024

What does your attorney say about it? Presumably, he or she saw the same documents. You should not do anything without their advice as it may unintentionally impact your present case.

1 Answer | Asked in Child Custody, Family Law, Domestic Violence and Gov & Administrative Law for Michigan on
Q: In Michigan, any funding for legal help from Dept. of Health & Human Services for parents in custody battle w abusive ex

Ex was abusive in marriage. Had an affair and theyre now married. She is controlling and he as well and are keeping the kids from me. Will not allow phone calls or anything. Have now refused to allow parenting time visits. Tell kids to keep sports activity info from me. To point of me not knowing... View More

Brent T. Geers
Brent T. Geers
answered on Dec 27, 2023

There is no state funding or a right to an attorney in family law matters like in criminal law. However, you may contact your county's legal aid office to see if you qualify for legal assistance.

1 Answer | Asked in Family Law and Land Use & Zoning for Michigan on
Q: Can heir property be divided by percentage and owned separately by the family, even if the will says to be in unison?

I ask this due to certain family members getting in the way of decision making, payments etc.

Brent T. Geers
Brent T. Geers
answered on Nov 28, 2023

Yes, particularly when there is agreement to an equitable division by the heirs. In fact, typically it is wiser to do things that way, and people should plan their estates with that in mind, especially when dealing with real estate.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: We are trying to see if we have a leg to stand on to restrict the other parents visitation back to only supervised visit
Brent T. Geers
Brent T. Geers
answered on Nov 16, 2023

Has there been a change that occurred after supervised parenting time ended? Supervised parenting time is not intended to be permanent, and you need a reason for the court to order it.

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