Michigan Family Legal Questions

You would need to seek guardianship over your sister. With Mom and (a) Dad in the picture it could be a two-front battle, but if it is in the child's best interests, it could be accomplished. The Court would also likely look at your stability, which seems favorable based upon your information provided.... Read More

In order to contest a PPO, the Respondent must file a Motion to Set Aside or Dismiss the PPO.  The Court will schedule a hearing.  Normally, the parties are required to attend the hearing.  Becasue of the COVID-19 Restrictions, the Court may permit a hearing be held by telephone or Zoom. ... Read More

Can my husband stop me from bringing my kids outside state even Though there was domestic violence involved? More Details:I reported a domestic violence against my husband. I took my kids and moved to other state. I dont have family and friends from home state. I'm an immigrant ,no drivers license, no work because my husband took and hid all my papers which preventing me from getting job and drivers license. Now,my husband got a lawyer and trying to get the kids back in the homestate. What is his chance to get the kids?   There are a number of questions that are important:  Was your husband charge and/or convicted of Domestic Violence?  If so, is there  "No Contact Order?"  Have either of you filed for diivorce?  Is there a custody order?  How long ago did you move out of state?  Was there a custody order in effect at that time?  If there was a custody order in effect, did you get an order from the Court to permit you to move out of state?  If there was no custody order when you moved out of state, and if you have been living in another state with your children for more than 6 months, then the home state of the children is your new state, and you can file for divorce / custody in the new state. Even if you have not lived in the new state for more than 6 months, a statute (Unioform Child Custody Jurisdiction Enforcement Act) would permit you to file for custody in the new state if your husband physically abused you or your hcildren. I strongly suggest that you hire an attorney where you live.  Your attorney should be able to advise you whether you need an attorney in Michigan.  If you cannot afford an attorney, you should call Legal Aid or call the local a bar association for a referal.    Good luck.   Stu Shafer ... Read More

When there is a court order in place and one parent is violating it. You will need to file a contempt motion in court. The contempt motion will get you to enforce the current court order, and you should be able to see your children again as outlined in the court order. Depending on how the case progress, you may even be able to turn the custody arrangement around and get custody of the children. A child custody lawyer if you are not aware already, ranges anywhere from $3,000 - $5,000. If you can not afford an attorney, our office do provide PRO SE Services, where we would be able to provide you all the information and guidance you need and all court papers to submit in court for a very low monthly fee. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for clarification.... Read More

Tammy, Grandparents rights do exists. You will need to contact a decent attorney that is honest and upfront and one that does not promise that they can do whatever you want and that they know the judges or whatever. If an attorney say such things you should avoid hiring them. Your case is complex and is not going to be easy or cheap. You will need to establish existing relationship with the child and use that to your advantage for gaining sole custody down the road. A Michigan attorney normally charges $5,000 or more for such cases. But if you think you can represent yourself in court you can save 50% of the above price by utilizing our document preparation service and etc. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for clarification.... Read More

Michigan judges are very biased and lawyers lie to get a case saying that they know the judge and can take care of the case and rob you of your $5,000 retainer. You have to follow the court order that has been issued by the judge otherwise you will be in contempt. You should contact a new attorney if you don't already have one for a second opinion on your case. We are based in New York but we do provide services in your state, as well as have monthly payment plans available. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 for Case Manager.... Read More

You should discuss the matter with both of your parents and ask that things be changed, but, eventually, you have a lot of practical power, in that, if you go where you want, it is unlikely that, given your age, the Court will force you back to the other parent, unless there are other important matters that I do not know. Good luck, but try dealing with it first. ... Read More

You should get a deed of the property from your brother (have your lawyer prepare and send it to him or ask his lawyer to prepare it, if he has one), and, once that is done, the Probate Court is no longer involved, and you can bring an eviction action in District Court after following the proper procedures there. Good Luck. IF your brother refuses, file a motion in Probate Court asking for the deed.... Read More