Michigan Family Legal Questions

If you are the only child, you should stand to inherit your mother's property. However, you need to check who is on the certificate of title. If G-mom is on it, she may own it. Another problem is if there is a lien on the car-unpaid loan.  The lender/bank will also own the car and may seize it if the loan is unpaid.... Read More

If the Defendant is found guilty, either by plea (including no contest) the court will order her to pay reasonable restituion. So you will be reimbursed for losses that flow directly  from her actions, and that are not reimbursed by another source. If on the other hand she is found not guilty, she will be under no obligation to pay you any money. if you feel that you have a valid claim you will have to bring your own lawsuit against her.... Read More

You do not say which of you is leaving Michigan in June. I assume it is you, and that the mother and child will remain in Michigan, thus giving Michigan courts jurisdiction. If so, Child support is computed the same regardless if the parties are married or not. The Friend of the Court will use the standard child support guidelines to compute the proper amount. In addition if the State incurs any cost because of the birth e.g. the Doctor or hospital are paid for by Medicare, the Friend of the Court will increase the monthly support obligation to include reimbursement for those costs. Parenting time is a completely separate issue and is not contingent on paying child support. However, you will need a parenting time order from the court of jurisdiction.... Read More

As part of the discovery process, your wife may be able to obtain these records and recordings.  While Michigan is a no-fault state, this evidence may be relevant for certain purposes.  You can have your attorney try to block access to these records.   Eric S. Lumberg 248-626-8383 lumberglaw@gmail.com... Read More

I am not sure what confidential information you think may have been disclosed. Why was your daughter in a different city and why did the police use the School to identify her? If the Athletic Director was contacted by the police to confirm her identify so that she could be released there is no harm there. In addition, if all the Athletic Director did was confirm her identify, that is not confidential information. I'm not sure that it really matters, but why did the Athletic Director tell the coach? if the school has a policy against allowing students with pending criminal charges participating in extra-curricular activities he was performing his job properly. but even if he was not, if your daughter was arrested as an adult or for certain traffic offfenses the arrest would be a matter of public record anyway. ... Read More

If you are involved in a divorce or custody case, the court will look at several factors to make a determination as to which parent should have physical custody of the minor child.  Drug use will certainly be considered, although it may not be the sole cause for a certain decision.  You should consult with an attorney to discuss this factor further along with all other issues.  A proper response to any custody request can be prepared and presented in court.   Eric S. Lumberg 7001 Orchard Lake Rd.   Ste. 430 West Bloomfield, MI   48322 248-626-8383      lumberglaw@gmail.com  ... Read More

While there is no question here, I will present some basic principles regarding these issues.  If the parents are not married, either party can file an action requesting a determination as to these issues.  While the custodial parent can request support from the other parent, that parent can request custody and/or parenting time.   The Court will have to first make a finding of paternity, either by consent or through testing.  Then a support order will be put into effect.  The Court will then making a finding as to legal and physical custody of the minor child looking at several factors.  A parenting time schedule will also be determined for the non-custodial parent. For a discussion and review of the facts specific to your case, consult with an attorney and decide what action needs to be pursued. Eric S. Lumberg 7001 Orchard Lake Rd.   Ste. 430 West Bloomfield, MI   48322 248-626-8383 lumberglaw@gmail.com     www.lumberglaw.com... Read More

If the child lives in Michigan with the mother, the correct court of jurisdiction would be in Michigan.  A custody/paternity action can be started and an order regarding these issues will be entered either by consent or by decision of the Judge.    Whether or not you will be able to take an infant to Colorado right away depends on many factors and you should consult with an attorney to discuss this in great detail.  However, if you exercise your parenting time, the schedule will increase and eventually, you will be able to travel with your child.   Eric Lumberg Attorney at Law 248-626-8383     lumberglaw@gmail.com... Read More

While you do not need to close the first estate, there are some pieces of information that need to be resolved before proceeding with the second probate matter.  For example, it would depend on whether there was any alternate bequest by the mother or whether the brother had heirs.  Consult with an attorney to discuss these matters further.   Eric S. Lumberg 7001 Orchard Lake Rd.   Ste. 430 West Bloomfield, MI   48322 248-626-8383    lumberglaw@gmail.com www.lumberglaw.com... Read More

You are not legally an adult until you are 18. At 17 you cannot contract so you could not sign a lease or any other contract. You could not obtain medical treatment without parental consent. However, if you can show that you can fully support yourself without the need for state aid, you could ask a court to emancipate you and then you would be treated as an adult.... Read More

This is not an automatic thing, but is probable.  If nothing happens, and no one takes any action, then a mother will have custody of the minor child. However, there is nothing binding or with full legal effect of this unless and until a Court Order is entered. Another issue that needs to be addressed is the birth certificate and who is listed on this document. Either parent can choose to file a petition with the Court and address these issues.  It is possible, that the father could make allegations that the Mother would be an unfit parent and seek custody.  Although rare, it is possible.  To the contrary, it likely that the Court will make a custody determination along with a parenting time schedule.   Eric Lumberg Attorney at Law 248-626-8383... Read More

When a person wants to extend a PPO, Judges will require new evidence that has occurred since the initial issuance of the PPO.  If there are no new "bad acts", the Judge should not extend, but allow the PPO to terminate as originally ordered. You would be entitled to a new hearing on this extension and would ba able to establish that nothing new has occurred.   Eric Lumberg Attorney at Law 248-626-8383... Read More

I am going to assume from your question that you have sole physical custody and the other parent has parenting time, either specific or reasonable.  If you want to make a change to the parenting time order, you must allege specific changes that would require a determination as to what is in the best interest of the child. I would need more information to determine why your motions are being dismissed and/or not considered. If you would like to discuss your concerns further, please contact me at 248-626-8383 or lumberglaw@gmail.com   Eric Lumberg... Read More