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Michigan Family Law Questions & Answers
1 Answer | Asked in Child Custody, Divorce and Family Law for Michigan on
Q: what kind of lawyer would be best able to find and request custody documents from a divorce done back in the 1980s?

My father passed recently and I've come to find that he's not listed on my birth certificate. I need to prove my status as next of kin. I have gone through all Vital Records and public records for the courts (county and probate), for the county I was born in and the county I lived in and... View More

Brent T. Geers
Brent T. Geers
answered on May 11, 2023

You don't necessarily need a lawyer for this, but where you'll probably want to look is the circuit court in the county your parents were divorced in. Ask for a copy of the "judgement of divorce".

Not to be funny or imply anything untoward, but I've seen it happen...
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1 Answer | Asked in Family Law for Michigan on
Q: How does one prove they are not in contempt when there is proof that they are? Michigan

I filed a complaint and we have a show cause hearing, I am trying to play all the possible scenarios in my head, because my ex will have a lawyer and I will not.

Brent T. Geers
Brent T. Geers
answered on May 11, 2023

There are several what are called equitable defenses that your ex's attorney may try to argue. Rarely is anything - especially in family law - cut and dry. For now, no sense in stressing yourself about it; wait and see what happens at the hearing.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Real Estate Law for Michigan on
Q: >Can I go for forfeiture, based of Criminal law During a civil case(divorce). or do I need to file a criminal case.<

located in Michigan. I'm currently in a divorce( i was granted exclusive rights to the home for the duration of the divorce due to a PPO against my husband). My husband has sold the martial home that was actively disputed in court. To his brother-in-law that he's currently living with,... View More

Kenneth V Zichi
Kenneth V Zichi
answered on May 4, 2023

1) You need to discuss this with your divorce attorney. There are many options available to you, and the divorce judge can craft something in the judgment to make you whole, and sanction your husband if he really did something underhanded.

2) INDIVIDUALS cannot generally charge criminal...
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1 Answer | Asked in Copyright, Intellectual Property, Divorce and Family Law for Michigan on
Q: Are food recipes considered a marital asset if used in a business.

I came up with the recipes and started a salsa company with my husband. The LLC and company logo are in his name and any contracts with stores, manufacturers and distributors are in my name. Since I came up with the recipes myself after years of trial and error can these be considered martial... View More

James L. Arrasmith
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answered on May 2, 2023

In a divorce, all assets acquired during the marriage are generally considered marital property, regardless of who came up with the idea or made the initial investment. This includes any intellectual property, such as recipes, that were developed during the marriage and used in a business. However,... View More

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: How can a judge make you pay half for a item that you don't own to the other party in a divorce? Other party has noproof

Other party has lied so many times and switching her story. That now I have to pay for things I don't have any the judge is giving me 45 days. It is not a little bit of money it's over $40,000. I don't even have that much.

Brent T. Geers
Brent T. Geers
answered on May 1, 2023

Divorce is a civil action heard in courts of equity. To oversimplify things: a divorce is intended to equitably divide a couple's assets and debts. It is common, for example, for one party to pay the other party his or her share of a home's equity that they are keeping.

As to...
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1 Answer | Asked in Criminal Law, Family Law and Real Estate Law for Michigan on
Q: I am currently on Section 8 in MI my kids dad will be getting paroled soon. Can he be paroled at my home .
Brent T. Geers
Brent T. Geers
answered on Apr 28, 2023

I don't believe so, but you should check with the landlord and county DHS, and he should check with his parole agent.

1 Answer | Asked in Child Support and Family Law for Michigan on
Q: Hi my son lived with me until he was 12 years old and when he went and lived with his dad he put me on child support

Shouldn't the dad owe me for 6 years if he didn't pay anything when he was with me for 12 years

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

I understand where you're coming from. Unfortunately the law does not work that way. Child support doesn't kick in until there is 1) a request (either by the state of either parent), and 2) an order. You (or the father) not pursuing child support for the last six years was your agreement... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My x who is in prison has subpoena my children 1 is his the other not and is an adult do they have 2 testify in Michigan
Brent T. Geers
Brent T. Geers
answered on Apr 18, 2023

I can only assume your ex is doing this without an attorney, otherwise I'd be loath to explain the subpoena to a judge....

I suggest you retain an attorney. There are likely procedures your ex is not following that can be exploited to your benefit.

1 Answer | Asked in Family Law for Michigan on
Q: Its understood that first cousin marriages are illegal. But can cousins cohabitate legally in Mi?

In a relationship for 4 years (living together for 2). By chance it was discovered that we are first cousins. Research on the legality of this is confusing. I am 55 and she is 53. Children and marriage were never an option but it was suggested that we risk jail time. It's complicated by... View More

Brent T. Geers
Brent T. Geers
answered on Apr 11, 2023

I don't think you can legally marry, but you can choose to live with whomever you like.

1 Answer | Asked in Probate and Family Law for Michigan on
Q: I need to know what paperwork I need to file to get guardianship of my developmentally challenged 32 yr old daughter.

My daughter has been on SSI sense age 16 and is cognitively impaired . Her mom is her payee because she is incapable of handling her own finance's, she is being manipulated by a boyfriend that she's had for about 4 months now and he wants control of her finances and they are both addicts... View More

Trent Harris
Trent Harris
answered on Mar 27, 2023

If you are the parent of someone who is unable to handle his or her own affairs, you can file a petition for guardianship, and if there are assets that need protection, you can also file a petition for conservatorship. A guardian and conservator is someone who is appointed by the court to be... View More

1 Answer | Asked in Family Law, Probate and Child Support for Michigan on
Q: If there is a guardianship (full) order in place that lists a father but he isn't on the birth certificate what happens

I have guardianship of my grandson and there isn't a father listed on his birth certificate but there is on the guardianship paper work. Will they go after this person for child support or will they try to establish paternity first?

This is a follow up question to a question I asked... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 23, 2023

If the government is going to be on the hook you bet your booty the government is going to be trying to get the father to pay support.

To do that they will need to prove paternity in some way. (You don’t have to pay to support some stranger’s kids after all and momma’s baby,...
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1 Answer | Asked in Family Law and Probate for Michigan on
Q: What happens if there is no father listed on the birthcertificate and I get Medicaid for my kids? (michigan)

I am the guardian of my grandkids and I would like to get them switched to my Medicaid case. I know that they will go after the mother to pay for child support, but what about the dad if there isn't one listed? There is a dad listed in the probate case but he isn't on the birth... View More

Brent T. Geers
Brent T. Geers
answered on Mar 23, 2023

The state will probably seek paternity and a support order on the child's behalf.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: In a custody case does child have to testify if one parent subpoenas them
Brent T. Geers
Brent T. Geers
answered on Mar 20, 2023

No. And in fact, the court conducts in camera interviews with children in custody disputes; they do not testify in open court.

1 Answer | Asked in Divorce, Family Law and Tax Law for Michigan on
Q: What can i do?

I have two kids 17, and 18. I am divorced, my ex and I have 50/50 custody. My house is the kids primary residence. My kids are both in school and live at home. We have an agreement that we each claim one child when filing out taxes. She claimed both this year. She claims it's her right,... View More

James L. Arrasmith
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answered on Mar 4, 2023

If you and your ex-spouse have a written agreement regarding claiming your children as dependents for tax purposes, and your ex-spouse violated that agreement by claiming both children, you may be able to resolve the issue by taking the following steps:

Talk to your ex-spouse: Start by...
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2 Answers | Asked in Family Law, Real Estate Law and Estate Planning for Michigan on
Q: Father passed away and my mom is still alive but her name isn’t on the deed but my older brother is on the deed.

How do we transfer ownership to my mom, then her children in the future and avoid probate?

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 1, 2023

IF the facts are correct and complete (HOW was your brother's name 'on the deed'? With full rights of survivorship? Some other way? You need to run this by a licensed attorney!) your BROTHER needs to transfer the house to your mother, and either at the same time or afterward she... View More

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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Can a supervisor pos as a caseworker just to get your children taken away when three attempts were already made by three

Three different caseworkers and unsuccessful found out that one of them even admitted that she tampered with my drug screen and now this one was acting as if she was my friend and telling me that she was going to tell the judge I was doing everything right then I was supposed to go to a meeting... View More

Brent T. Geers
Brent T. Geers
answered on Mar 1, 2023

Her being a supervisor is not your issue. You need to focus on addressing the allegations.

1 Answer | Asked in Family Law and Juvenile Law for Michigan on
Q: My nephew is 17 and has been living with me for almost 3 months now. Can he live with me permanently if he wants to?

My nephew and his mom's relationship is toxic and he has done a 180 in school now that he has been living with me, my husband and his cousins. He does not want to go back and he is safe with us. He has been sleeping on the couch for now but we are in the process of turning the spare room into... View More

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

Have you looked into guardianship? Practically speaking, if the mom is not raising an issue, and him being 17, he can stay as long as you'll have him.

1 Answer | Asked in Family Law for Michigan on
Q: If I have been with my child’s father will he still have to pay child support ?

I have been with my child’s father for about 6 years now , I was on state assistance when I was pregnant but I had that I was living with him . I recently moved back to Michigan where I gave birth and I tried to reapply for assistance and I was told to contact child support office before I could... View More

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

Hard to say, but having a child is exactly why the state directed to to the Friend of the Court. You cannot receive assistance without a child support order or having his income taken into account for assistance.

2 Answers | Asked in Contracts and Family Law for Michigan on
Q: Are text messages contractural in a personal relationship?

I was involved with a man who was in the process of divorcing his wife (Have Court Docket). We've known each over 20 years and became personally involved for about a year. Within 20-25 days of receiving a handwritten note of love and devotion, he abruptly returned to his marriage... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 21, 2023

The first problem is that the state of Michigan abolished the cause of action for breach of promise to marry. The second problem is that the other contracting party is married. I expect that the court would find that his contract to marry someone when he was already married is against public... View More

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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My ex wife has sole custody but i have the kids about 40% of the time.

My ex wife has sole custody but i have the kids about 40% of the time. She is leaving the country for 2 weeks and plans to leave the kids with her mom during her parenting time. I am not comfortable with this and I would like to know my options. The kids already mentioned that they will be sleeping... View More

Brent T. Geers
Brent T. Geers
answered on Feb 11, 2023

You can file a motion to address this parenting time situation or file a motion for a change of custody.

Just know that with her having sole custody, it's you that needs to do the pulling and pushing here to make change.

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