Michigan Family Legal Questions

The short answer is yes. Here are the steps: Petition filed in probate court by person interested in individual's welfare, Petitioner notifies individual, in person, Petitioner notifies interested parties, such as family members, by mail, Court may order examination by mental health professional, Court appoints guardian ad litem. If you feel that this is an emergency situation, the court may allow you to bypass the notice to interested parties and allow a temporary guardianship until full notice can be given. Although the process is fairly straightforward, you may want to seek the input of an experienced attorney in your area to help you through the process and get this done as expeditiously as possible.... Read More

You need to ask a local lawyer who knows MI law. In PA, a GP needs to have established a certain custody history or have certain circumstances happen in order to petition the court for visititation. You may meet that given the fact that A) you took care of him for one year and B) she abandoned him. You may have to file a petition in the county where the child is located. See a lawyer immediately. ... Read More

First question is was there ever a paternity action which declared him to be the father. If so, the moving statute applies and you can pursue her to force her to return the child or come back to the state. She can move, but she has to do it the right way which means she works out how the father will continue the relationship. Now, if no paternity action was ever started, he now has to go to where the child is and start one? there unless she is willing to agree to have it decided here. The child is still a resident of this state for 6 months after the move, but you cannot enforce a blood test in another state with an order from here. You have to get an order for blood testing from the state where she is as you have to have blood samples from all the parties, mother, father and child for comparison. So much depends on whether he was declared the father before her move of now he wants to be.... Read More

The best thing to do is to have a will designating a guardian. You should also give your son a durable power of attorney for your daughter authorizing him to make medical, educational and disciplinary decisions for your daughter. But what about the father? Have his rights been terminated? If not, he will have first claim on your daughter. I suggest that you get with an estate planning attorney and figure out what you need to do.... Read More