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Lacy Rose

Lacy Rose’s Answers

30 total

  • Does it benefit a parent to "hide" a child from the other before and during a custody case when there is no order at all yet?

    I am a father of a child aged 5 years old. The mother moved out of our home a month ago unannounced, and took the child with her. She has refused to let me have any significant time with the child, only a couple visits at a park for a few hours....

    Lacy’s Answer

    I agree with Mr. Kronzek. Lansing judges tend to frown on this sort of thing. However, whether it is legally acceptable for her to do this depends on several things, the most important of which is whether you were married to the mother, and whether you have ever had a formal custody order.

    I noticed that you said you signed an Acknowledgment of parentage. To me, that indicates that you were not married to the mother. In that case, if there is no formal court order for custody, the mother generally has custody of the child by statute until another superseding order for custody and parenting time is entered. Therefore, if there has never been a custody order and all you have is an Affidavit of Parentage, it is most likely legally acceptable for her to do this.

    Even so, that does not make it right and that type of behavior can be psychologically damaging to a child who has been used to having both parents around his whole life. Therefore, it is certainly something that should be talked about in court when your case comes before a conciliator, judge, or referee. If your attorney does not want to make an issue of this behavior, I would suggest obtaining a free consultation with another divorce attorney in our area.

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  • Can I, as Power of Attorney attend a Notice to Appear on a debt collection in place of my daughter?

    My daughter had to break a lease because she was wongfully terminated. She subsequently lost her nurses license, her driving priveleges, pretty much her life (2nd dui). She has been sober for 2 years now but I still am her Power of Attorney. I ...

    Lacy’s Answer

    You can generally not represent another person in court with a power of attorney. The document that you have should spell out exactly what powers you have. However, if you are considering filing for Bankruptcy, I would recommend speaking with an attorney about that soon, preferably before the scheduled Notice to Appear. Filing for bankruptcy will most likely make it unnecessary to attend this hearing in the local court.

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  • A relative died, and designated me as his pension beneficiary. I need to file for bankruptcy. Can I exempt my annuity?

    The pension plan is a qualified plan provided by a large Michigan company. Michigan has an exemption for qualified plans, but I'm not sure if it is the right way to go. The federal bankruptcy exemption is insufficient to cover the full payout a...

    Lacy’s Answer

    Mr. Corbin is probably correct, as the Supreme Court did give a recent opinion that inherited IRA's and other retirement vehicles are not exempt. However, this does not necessarily mean that you are unable to file for bankruptcy. Depending on your other assets, debts, and your particular circumstances, it may be possible to file for Chapter 13 without having to lose any of your assets. However, whether you will be able to do so will depend on your full financial picture. I would highly recommend contacting a local experienced bankruptcy attorney. Most bankruptcy attorneys offer free consultations.

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  • In chapter 13 how can I keep my cars and how do I know how much I have to pay back

    Hello I was just wondering when I file for chapter 13 I wanted to know would my car payments go down currently I have two cars one I pay 320 a month and owe 5200 on and the other I pay 412 a month and owe 12500 on the car. I was also wondering how...

    Lacy’s Answer

    I commend Mr. Gambrell on giving such a good and thorough answer. He is exactly right. As you can see from his answer, this is a complicated area. To do it right, it is necessary to have the assistance of an experienced bankruptcy attorney.

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  • What debts cannot be claimed under chapter 7 bankruptcy? and why?

    I want to file.

    Lacy’s Answer

    The debts that cannot be discharged include student loans, tax debts that have been incurred within the past three years, and debts incurred through fraud. Almost everything else can be discharged as long as you meet the median income requirements for Chapter 7 and have not filed within the past eight years.

    I highly recommend talking to an attorney. Most bankruptcy attorneys offer a free consultation, and are able to analyze your specific situation and offer you valuable information about the process.

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  • Is it better to hire a local Attorney or National Attorney to file my SS disability claim.

    I need to file for SS and don't know what attorney would be best. ( local or National ) And what are the differences ?

    Lacy’s Answer

    There is no such thing as a "national attorney." All attorneys are licensed within individual states. There are several large, national bankruptcy firms that advertise all across the country. In general, I would be very careful about using these firms. Some of them are great and take helping their clients very seriously, while others act as a "disability mill" that want to churn out cases as fast as they can.

    Whether you choose to hire one of these firms or not, I would recommend that you talk with more than one attorney regarding your case before you make a hiring decision. You should make sure that you will actually have access to the attorney who will be working on your case throughout the process, rather than being sluffed off to paralegals and other assistants. You should hire an attorney who will give your case the individual attention it deserves, and take time to meet with you as many times as necessary before your hearing to make sure that you are fully prepared. With some of these national firms, you will not even meet your attorney until you show up at the hearing.

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  • Child custody- visitation question

    I am the primary custodian of our daughter. We divorced last year because he moved away without notice. He has visitation with our daughter. The last visit he came here to our staye for visitation and began drinking heavily with her in his care. S...

    Lacy’s Answer

    I agree with the other attorneys. It is important to hire an attorney to help you with this matter right away. Based on the facts that you indicated, you may not have to let him take her, but you should have an attorney review your parenting time order right away to give you proper advice about what to do in your situation. It sounds like you need to file a motion to amend the parenting time order so that he cannot expose your daughter to dangerous circumstances. Getting the facts before a judge is the only way to change the current order, and it is very important to have an attorney help you with that process, especially if it is your goal for him to have supervised parenting time, or to eliminate his parenting time all together.

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  • In proving adultery, can a person's phone be subpoenaed? Can erased text messages be recovered?

    Obviously my spouse has been hiding her affair from me, despite most people close to us suspecting. Now that we are talking divorce, it seems too late to collect evidence.

    Lacy’s Answer

    I agree with Mr. Brennan. Generally, Michigan courts do not consider the issue of fault when determining whether to grant a divorce. The affair may be considered somewhat for determination of what is an equitable division of assets, but would probably only really matter if there is a significant amount of assets to be divided. Talking to an attorney regarding your specific situation would be your wisest choice at this point.

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  • My wife and I are getting an uncontested divorce in michigan with minors and wish to know if you can file before 6 months

    She currently resides in oklahoma with the man she left me for and is now pregnant with his child. He also gave her a venereal disease so i would consider our divorce to be beyond repair. We have split all assets and the children will be jointly s...

    Lacy’s Answer

    Ifeel you have lived in Michigan yourself for more than six months, and she moved to Oklahoma, I would highly recommend filing for divorce yourself here right away. If you wait and allow her to file in Oklahoma after she has lived there for six months, the Oklahoma court will have continuing jurisdiction over the children and you will be at a significant disadvantage. Additionally, you must make certain that the judgment of divorce properly deals with the unborn child. I highly recommend you seek the help of an attorney.

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  • Do we need a family law attorney?

    My husband has not seen his daughter in 12 years. She is special needs. We've contacted his ex-wife several times and she won't respond. There is no legal order place barring him from seeing her. What legal steps do we take now so that he can see ...

    Lacy’s Answer

    You should definitely have an attorney help you with this issue. Although there may be nothing prohibiting your husband from seeing his daughter, if there is no specific order allowing him parenting time, then it will be up to him and the mother to agree. If they cannot, the only recourse is obtaining an order for parenting time from the court. The way to do this is to file a motion and have a hearing before a judge or referee, who will receive evidence of all of the circumstances and order parenting time according to the child's best interests. Given the situation, it would be extremely helpful to have an attorney help articulate to the judge why it would be in the child's best interests to restart parenting time with your husband.

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