Lawyers, Answer Questions  & Get Points Log In
Michigan Questions & Answers
1 Answer | Asked in Child Custody for Michigan on
Q: Do I have to provide contact information to the other parent without him having any custody?

Per court order I have full physical and legal custody of my child, and her father has absolutely no parenting time. Do I still have to give him my phone number?

Brent T. Geers
Brent T. Geers answered on Nov 22, 2021

You have to notify the friend of the court, and to the father unless you have a confidential address. If you have concerns for you or your child's safety, you can request a confidential address with the friend of the court.

1 Answer | Asked in Family Law for Michigan on
Q: Do I have to tell my sons father that I am recording a consented call between my sons teacher and i

If I’m using it in court to prove I need full custody

Brent T. Geers
Brent T. Geers answered on Nov 22, 2021

No, but you need to be mindful of evidence rules, due process, and right to confrontation. Your ex, or his attorney, cannot cross-examine a recording, and so they may - likely will - want to have the teacher testify.

1 Answer | Asked in Small Claims for Michigan on
Q: Private TRT Clinic: I paid $2,000 for treatment and the doctor disappeared.

I’ve been on TRT for 2 years with the same clinic. It’s a small clinic with one physician and one receptionist. My annual renewal just took place and I paid $2,000 upfront. I had some labs drawn and ordered medication. After that the physician disappeared. There is no one at the clinic to take... Read more »

Adam Alexander
Adam Alexander answered on Nov 22, 2021

If you paid by credit card I suggest you consider challenging the charge before you file a lawsuit.

Also, I suggest you send a certified letter to the clinic disputing the charge and requesting an explanation. Again, before you file a lawsuit.

Without knowing more information, I do...
Read more »

1 Answer | Asked in Estate Planning for Michigan on
Q: I have an irrevocable trust I would like to gain access to. Is there any legal way to do so.

I am the beneficiary of an irrevocable trust that my father left. The terms are pretty simple. I get 4% a year from the trust, plush 18k/yr for medical, at the banks discretion. The trust began at a bank that has since switched companies 3 times and is now Huntington Bank. When I have asked in the... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Nov 22, 2021

You can use one of the several companies (some more reputable than others) that will buy an annuity or other 'stream of payments' like you receive from this trust at a 'discount' and pay you cash up front. This will likely turn out to be MORE Than 5% interest you're paying... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Michigan on
Q: Can a case that say dismissed in good faith mean can I take it to the right court
Brent T. Geers
Brent T. Geers answered on Nov 21, 2021

Cases are dismissed with or without prejudice. If your case involves medical malpractice, you really should not be doing this on your own because it will be next to impossible for you to successfully navigate the procedure and rules.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Michigan on
Q: ex parte signed no due process objection denied no ev. hearing supv. visits still 5 yrs later no reason said he meets

no factors has a criminal history I was shown to be unfit, unwilling, or unable. no evidence of abuse or neglect. I have all proof but never got to show because I NEVER got my hearing my daughter is being neglected educ,med,emoti, and emotional and psych abuse by alienating me almost to... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 21, 2021

You need to focus your arguments on what is happening now; not what happened or didn't happen five years ago. Perhaps the first step should be filing a motion to change parenting time. Your argument isn't whether supervised parenting time should have ever been in place, but that you no... Read more »

1 Answer | Asked in Criminal Law and Family Law for Michigan on
Q: Hello I would thoughts on a investigation being done on me and if I would need to have help?

Was investigated by CPS for someone calling in alleging that I molest my child. My child is not biologically mine I believe that the biological father had something to do with the call. but at the end of the investigation they found no evidence of abuse happened. Especially with interview with my... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 21, 2021

Can they criminally charge you? Yes. Will they, with the child victim saying it didn't happen? Unlikely (assuming a forensic interview was conducted).

CPS investigations are civil in nature. While it all may appear similar, it is legally two different legal matters: civil and...
Read more »

2 Answers | Asked in Probate for Michigan on
Q: What is the order of inheritance if no will exists? Children.. grandchildren..etc

My family has lived in, and cared for, my wife's father's home for four years. We planned on making an offer to buy it several years from now, however her entire immediate family has come down with covid and things are not looking good. After a little digging, we found that this property... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Nov 20, 2021

The ‘order of inheritance’ is spelled out in

http://legislature.mi.gov/doc.aspx?mcl-700-2102.

The bottom line is that if it is in the name of someone no longer alive, probate should have been started but if it isn’t the priority to begin probate lies with a surviving spouse...
Read more »

View More Answers

2 Answers | Asked in Real Estate Law for Michigan on
Q: I just found out my land contract seller never signed any contract but told me he did what are my rights

I just found out my land contract seller never signed any contract after telling me that he did he's trying to take that position of the property because I am only a month behind and just trying to say that a repossession of property is an eviction which I found out it is not but what rights... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Nov 20, 2021

A contract in real estate in Michigan needs to be written. If you didn’t both sign, you don’t have a contract. You can TRY to claim otherwise but there isn’t a great chance of success.

You MAY have more success claiming the payments you DID make were accepted under false pretenses...
Read more »

View More Answers

1 Answer | Asked in Criminal Law and Traffic Tickets for Michigan on
Q: I was pulled over while driving someone else's car (with permission) because his license was suspended.

But he has been incarcerated in prison in the state for almost a year, so there is no possible way he could have been driving. The cop also said he witnessed the driver to be a male, and he is personally familiar with the registered owner, so he would have known that that is not who was driving. He... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 18, 2021

Wow! You might have something there. Worth a shot.

1 Answer | Asked in Divorce for Michigan on
Q: If my spouse is awarded half of my 401k is the penalty taken out of her share?
Brent T. Geers
Brent T. Geers answered on Nov 18, 2021

What penalty? Unless it's written in the judgment of divorce, then no.

1 Answer | Asked in Criminal Law and Identity Theft for Michigan on
Q: Any Advice

I Got Arrested For 3rd degree retail fraud and I was so scared cause I never been in trouble so I was acting out of fear and used a fake name and now I got a letter in the mail to get arraigned and I Don’t Wanna go to jail I have a 1 year old son and I just got a good job working at the hospital... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 17, 2021

Best to face this head on. Otherwise, there will be a warrant for your arrest. And while the police likely won't come out with the SWAT team to arrest you on something like this, these sort of things often creep up and catch up with you when you can least afford to deal with it: you get pulled... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: My boyfriend has filed a identity theft fraud report several months ago he is now threatening to press charges

He is from Louisiana so that is where he filed he’s report and they contacted Detroit police that is where I’m from

Brent T. Geers
Brent T. Geers answered on Nov 17, 2021

What is your question? Is he your current boyfriend? When accused of a crime, one of the most important rights you have is the right to remain silent. You probably need to exercise that right with your boyfriend and the police.

1 Answer | Asked in Child Support for Michigan on
Q: How can i defend myself when it comes to false reports to child support in another state?

Myself and my sons mother has a arrangement when it comes to child support without the courts but because she assisted on trying to get health insurance from the state .she called me and told me that she was going to do so because the state is sending her letters stating that they will take our son... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 16, 2021

Your son's mother has a difficult choice to make. If she accepts state assistance, the state will seek child support from you - and hopefully she disclosed to the state that she receives payments from you, otherwise she could be liable for criminal welfare fraud.

You, on the other...
Read more »

1 Answer | Asked in Contracts for Michigan on
Q: How can I get my things from a contractor who has them ?

He took them to be cleaned from mold. Now won't give back unless I pay him more money for job not done

Thomas. R. Morris
Thomas. R. Morris answered on Nov 16, 2021

The contractor appears to be asserting a mechanic's lien, which is a possessory lien on goods that were worked on. The contractor would have a lien on the goods to secure payment of work done on the goods. You apparently dispute the value or scope of the services. You can sue the... Read more »

3 Answers | Asked in Immigration Law for Michigan on
Q: Illegal re entry. Can we try, and get a bond, under the agreement, of wearing a tether?

He’s being charged with, illegal te entry. He had a bond hearing today. The judge told him, he’d be willing to give him a bond. Problem is, ICE would pick him up, and take him to another facility. What if, we tried again, but with agreement to wear a tether? Would that still cause, ICE to want... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Nov 16, 2021

Based on the information you have provided, you are requesting bond for a federal charge and there is an immigration hold. This being the case; if granted bond by the judge the inmate is transferred to ICE custody based on the immigration hold. The inmate is not likely to be granted bond by ICE or... Read more »

View More Answers

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: CAN MY LANDLORD RENT A HOUSE AND COLLECT RENT IF THE HOME HAS NOT BEEN INSPECTED FOR LEAD OR SAFETY CAN I BE EVICTED

THIS HOUSE HAS 3 TICKETS FROM THE CITY RIGHT NOW

Brent T. Geers
Brent T. Geers answered on Nov 15, 2021

Your landlord's obligation to the city has nothing to do with you. You can be evicted. Can they collect back rent while in code violation? A local attorney familiar with your location would need to advise you on that.

1 Answer | Asked in Divorce for Michigan on
Q: no settlement - settlement conf. tomorrw My attorney wants to submit a sched order but husb. atty wont allow - why?
Brent T. Geers
Brent T. Geers answered on Nov 15, 2021

You really need to talk with your attorney about this. The court sets scheduling orders; sometimes attorneys agree - "stipulate" - to something else - usually to extend discovery or filing deadlines. First question should be "why a new scheduling order?". Unless your... Read more »

2 Answers | Asked in Real Estate Law for Michigan on
Q: Can a seller of a home raise the asking price after an above asking price offer has been made?

Seller had home for sale for $239,900. We offered $250,000, and the buyers agent claimed that they had accepted another offer but would let us know if it falls through. A few minutes later, it shows the house raised to $289,900 and doesn’t say it’s pending. How is this possible?

Thomas. R. Morris
Thomas. R. Morris answered on Nov 15, 2021

Until the seller accepts your offer, in writing, there is not an enforceable agreement for the sale of the property. Until there is an enforceable agreement, the seller is free to sell, not sell, or raise the price. Contract law speaks of "offer and acceptance" as being elements of an... Read more »

View More Answers

1 Answer | Asked in Elder Law for Michigan on
Q: Hello, my Mother is 90 years old. She is in a long term care facility. She is unable to make decisions for herself.
Don L Rosenberg
Don L Rosenberg answered on Nov 15, 2021

I know dealing with your mother's health challenge especially under a pandemic. If your mother cannot make decisions for herself and there isn't a health care power of attorney, I am afraid you will need to become her guardian in probate court to make her care, custody, day to day, end... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.