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Michigan Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: My x wife just passed she had physical custody of our 3kids. Her parents are trying to tell me that my x wife left the

Kids to them . I want my kids to live with me , is it true that my x wife could do that

T. Augustus Claus
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answered on Aug 24, 2023

In Michigan, child custody arrangements are typically determined based on the best interests of the children. If your ex-wife had legal custody of your children and has passed away, her parents may have taken temporary physical custody. However, as the biological parent, you may have rights to seek... View More

1 Answer | Asked in Family Law, Elder Law and Probate for Michigan on
Q: What can I do my father past away this year Jan 10th he was a former veteran he had no will no power of attorney

I'm his daughter his benifituary the nursing home is sueing me for the bill and trying to take his house that he left me I am on the deed what do I do the nursing home already file a summons

Brent T. Geers
Brent T. Geers
answered on Aug 17, 2023

You need to be in touch with an elder law attorney asap. First, that person will need to help you figure out if you are being sued individually or in the capacity of the estate representative. If they are trying to take the house, I imagine you are involved in your capacity as the estate... View More

1 Answer | Asked in Family Law for Michigan on
Q: How to get DNA test after paternity established

Im trying to help a friend with his situation. He has a 12 yr old daughter and has paid support this whole time. She was conceived days before he was incarcerated for a yr in jail. I don't know the exact reasoning but his ex never let him see his daughter and he never tried to push it until... View More

Brent T. Geers
Brent T. Geers
answered on Aug 13, 2023

He's going to need more than speculation, and with the amount of time that has passed, he arguably doesn't have a legal right to contest paternity.

Best case scenario would be through an admission and a stipulated motion between him, the mother, and the actual father.

1 Answer | Asked in Family Law and Probate for Michigan on
Q: Does my husband have any right to attend the funeral of his son (28) who was killed but married to a woman (48)?

My stepson, 28, married someone, 48. He was recently killed. The wife will not tell my husband anything about the funeral.

T. Augustus Claus
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answered on Aug 11, 2023

In most cases, the legal right to make decisions about funeral arrangements lies with the deceased person's next of kin. However, laws can vary by state and circumstance, and it's important to consult with a legal professional to get accurate advice based on your specific situation.... View More

2 Answers | Asked in Estate Planning, Elder Law, Family Law and Probate for Michigan on
Q: A secret trust was set up by my mother’scaretaker (CT) who has all of the POA and power. I am disinherited.

Mom has dementia, but she is coherent; very forgetful too. She currently lives in rehab center. Mom now wants me to inherit. However, she cannot advocate for that. I am banned ( but I snuck in twice). CT has mom’s ID. Anything I can do short of suing for guardianship?

Brent T. Geers
Brent T. Geers
answered on Aug 5, 2023

No. You would need to petition the probate court for guardian and conservatorship. If this caretaking has proper documentation in the form of a POA, you face a significant uphill battle.

You say you are banned from seeing your mother; By whom? And why? Depending on your answers, you're...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: I had full custody of my daughter I am giving full custody to her momShe owes me $4000 in back pay

Now I have to pay child support

How does that work

We have a hearing on august 15th

How can they make me pay child support when she owes me $4000 in back pay

Brent T. Geers
Brent T. Geers
answered on Aug 3, 2023

There's some variables to consider here, but generally, the back pay (arrearages) do not go away; she would still owe you that amount. You would, however, have your own support obligation.

The reason being is that child support is intended to be contemporary, reflecting what is...
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1 Answer | Asked in Child Support and Family Law for Michigan on
Q: My 17 Year old granchild moved in with us if we ask for support from her parents can they make her move back home?
T. Augustus Claus
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answered on Jul 31, 2023

In Michigan, the age of majority is 18, which means that individuals are considered legal adults at that age. However, the situation may vary depending on the specific circumstances and the family's legal arrangements.

If your 17-year-old grandchild moved in with you with the consent...
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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Can I sue the state of Michigan?

They didn't follow due process.

Brent T. Geers
Brent T. Geers
answered on Jul 24, 2023

You certainly can. Many have tried; few have succeeded. I would suggest you contact a local attorney familiar with the court and type of law you are involved in before proceeding to be sure you are not misunderstanding something.

1 Answer | Asked in Family Law for Michigan on
Q: How can I stop cps from contacting me for a child I have no rights too.

His mother has sole legal and physical custody. Since a cps case was started the cps workers had contacted me by phone and mail. I do not want my parental rights reinstated. I do not want to notified about anything concerning this kid. The state of Michigan terminated my parental rights to the... View More

Brent T. Geers
Brent T. Geers
answered on Jul 24, 2023

You are, perhaps, confusing legal custody with parental rights. The mother having sole legal custody does not terminate your parental rights. You are being contacted by CPS because you still have parental rights to the child.

1 Answer | Asked in Family Law for Michigan on
Q: If cps put a warrant out for child neglect on me is it automatic child removal? Michigan

Overdosed child was present cps opened investigation I did home visits and drug tested dirty one time told them it would be dirty then stopped drug testing an stopped answering calls and they put warrant out for my arrest for misdemeanor child neglect in august of last year what is going to happen... View More

Brent T. Geers
Brent T. Geers
answered on Jul 17, 2023

To begin, understand that CPS and the prosecutor are two separate entities. CPS is an investigative agency, much like the police. And like the police, all they can do is ask or recommend that the prosecutor do something.

CPS can initiate a petition for removal, which is actually a civil...
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1 Answer | Asked in Family Law for Michigan on
Q: My divorced father recently passed away and left behind no will, as his only child what should I do next legally?

He left behind no will, I believe he only had a condo with a mortgage in his name, just not sure what steps I should take next.

Brent T. Geers
Brent T. Geers
answered on Jul 17, 2023

You will likely need to open a probate estate. What happens to the condo depends largely on what you want to do with it - keep it or sell it.

1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on
Q: if one party has a lawyer wouldn't the lawyers namme and number be on all court paperwork?
Brent T. Geers
Brent T. Geers
answered on Jul 17, 2023

Yes. That doesn't necessarily mean they are not working with a lawyer; it just means that an attorney hasn't officially entered an appearance with the court and so to the court, the person is unrepresented.

2 Answers | Asked in Family Law for Michigan on
Q: What should I do when my lawyer “switches sides” ?

He concealed evidence from me pursuant to a subpoena, lied to me about it and when he knew that I knew what he di, filed a Motion to withdraw as counsel.

John Michael Frick
John Michael Frick
answered on Jul 11, 2023

You should definitely fire him and hire another lawyer to represent you.

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1 Answer | Asked in Domestic Violence, Divorce and Family Law for Michigan on
Q: I want to sue my husband for domestic violence. I have proof of pics, voice, police report. but how do I start?

I was just thinking about divorce with him but, now I want to sue him for mental, physical as well as financial abuse. I moved from 30 years home town NJ to Michigan 2 years ago just to support he's new job. He hated my entire families and friends and end up I kind of stop talking to them and... View More

Brent T. Geers
Brent T. Geers
answered on Jul 3, 2023

Best way to get started is to consult with a local divorce attorney and get the process started. While there is some precedent for suing a spouse for intentional torts, your situation may better support a cause for spousal support.

Keep in mind that Michigan is a "no fault" state...
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1 Answer | Asked in Divorce and Family Law for Michigan on
Q: I just found out a CNA/RN at my kid’s pediatrician office is having an affair with my husband. What to do?

We’re in the process of divorce because he was caught cheating. She’s been around my children because she recognized them at their appointment, which made her realize who I was. My children didn’t recognize her so they didn’t tell me who she was (they’re only 5 and 6 y/o). We’re not... View More

Brent T. Geers
Brent T. Geers
answered on Jun 26, 2023

Short of complaining to the pediatrician about the RN - which there may be some ethical violations related to her licensing, and certainly bad business in any regard, but I don't think there's anything else you can do about her. The wrongdoing here is obviously with your husband, and with... View More

1 Answer | Asked in Native American Law, Divorce and Family Law for Michigan on
Q: Does MI 100 mile law apply to native primary parent needing to move to reservation to afford stable life

Native enrolled mom and 4 kids. I have been a stay at home mom for 11 years. Non native husband/father has worked out of state, has only been in the home 1 week a month, he only provides income and health insurance the entire 11 years. Our reservation is in the upper peninsula. I have raised the... View More

Brent T. Geers
Brent T. Geers
answered on Jun 25, 2023

Assuming you are in the midst of a divorce, you should negotiate this arrangement now. Otherwise, you can later file a motion to change domicile if it becomes necessary to relocate. However, there is a whole host of criteria a judge would need to consider at that time other than just it makes... View More

1 Answer | Asked in Family Law, Adoption, Child Custody and Probate for Michigan on
Q: Are there any Supervised Visitation places that supervise visits out in the community?

I currently have supervised visits with my child out in the community, currently that visits are being supervised by the person who has the Guardianship of my child. It is not working out, the person lies in court about my visits says nothing but negative things about my visit that are not true all... View More

Brent T. Geers
Brent T. Geers
answered on Jun 22, 2023

Great question. To my knowledge, all supervision agencies would require on-site visits for liability reasons (they don't want their employees out some place they can't really control and in what could be a volatile situation). While not ideal (it costs time, money, and let's face it:... View More

1 Answer | Asked in Domestic Violence, Child Custody and Family Law for Michigan on
Q: After being abused reporting to the police and an arrest is made who is responsible for the children?

Can the abuser dictate where the kids go?

Brent T. Geers
Brent T. Geers
answered on Jun 9, 2023

In all cases where children are involved, whether as victims or witnesses, the police would contact Child Protective Services (CPS). That agency is responsible for the investigation, removal, and possibly placement of children in abusive or neglectful situations.

If a parent is arrested...
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2 Answers | Asked in Family Law, Probate and Estate Planning for Michigan on
Q: My mother’s name was never on the title of which my father’s uncle left him and his heirs acres of land both parents

are deceased 9 children 3 deceased

David Soble
David Soble
answered on Jun 8, 2023

Because your mother has not been named on the deed, she still may have rights under a will to take the property, or she still may have the opportunity to take the property pursuant to filing a probate action since your father passed intestate. A real estate or probate attorney will still need to... View More

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1 Answer | Asked in Contracts and Family Law for Michigan on
Q: My son signed over right of his baby to girlfriend when she gave birth. Is this a binding contract?

My son has a job. No addictions. His girlfriend holds this over him and often I ( grandma can't see my grandson because she controls all).

Brent T. Geers
Brent T. Geers
answered on May 15, 2023

Depends on what you mean by "signing over rights". Typically the only thing that's signed between unwed parents is an Acknowledgement of Paternity (AOP). If your son signed such a document, he is acknowledging paternity - that's it. By default, the mother has custody, and no... View More

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