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William Luke Labre's Answers
- 39 Legal Answers
- 0 Legal Guides
3
Attorney answers:
Money gift from parents
The only entity with the right to sue you for money given by your parents is the Estate of one, or both, of your parents, and not one or both of your sisters. I assume from your question that one, or both, of your sisters is/are Personal Representative(s). As noted in the Answers already given, the Personal Representative must have a legal reason to have the Estate sue you; if there is no legal reason, and suit is filed, then you would be entitled to obtain costs and attorney fees from the...
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1
Attorney answers:
How to get legal gardenship for our grandsons 2 and 4 if anything should happen to our son.
An adult parent has a right to make a Will, and nominte the guardian(s) in the Will. That's the easy answer. However, from you question, there appear to have been problems, whether from your son, the children's mother, or both. If something should happen to your son, the mother has the right to "trump" and nomination of a guardian by Will based on her right to the custody of her children. So, my recommendation is that you speak with both your son and the children's mother to discuss...
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2
Attorney answers:
Can i sue my adoptive father for long-term sexual abuse and my adoptive mother for covering it up?
I'm not sure how old you are now. Michigan has a statute of limitations in regard to suing for sexual abuse, and, depending on your age, you may be time-barred from that suit. However, there is a much longer statute of limitatons for criminal prosecutions, whether that be abuse against you, or against your sister. I'm not certain which police agency you contacted regarding your, or your sister's abuse, but I can tell you that there are local, county and state police agencies, any of whom...
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2
Attorney answers:
How can i terminate mother's rights to children on abandonment charges?she hasnt been around in 2yrs and hasnt paid support also
In Michigan, a non-consensual step parent adoption requires that there be no, or practically no, support or visitation for a period of two years prior to the date when the Petition for Adoption is filed. If the visitaiton, or support, has been minimal, the adotion court can treat "minimal" as equivalent to "none". From what appears in your question, the issue will be how much money has been garnished. It doesn't make any difference if the money is paid voluntarily or through a...
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5
Attorney answers:
Divorce is not effective till other party receive documents by hand?is it a Michigan law?
Are you referring either to Islamic "Talaq", or to being told by your spouse to leave, when you say that you were "turned out of your home"? If you are, then you should know that, under Michigan law, there is no divorce unless a case is filed in Court, you are given notice, and, at the conclusion of the case, the judge signs a "Judgment" stating that you are divorced. Being "turned out of your home" does not give or grant a divorce. Because you are living in another State, it is...
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3
Attorney answers:
My boyfriends sons mother is trying to take his joint legal rights away.
Your question is: "How can we stop her?". You can't; only your stepson...the child's father...has standing (that means "the legal right to sue") in regard to custody and parenting time. You do have a right to seek grandparenting time if the child is prohibited from seeing you; however, that doesn't appear to be the problem from what you've said. You said that both parents have joint legal custody, with physical custody to the mother. Generally, that means that the mother has actual...
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2
Attorney answers:
Me and my husband has decided to settle on our own without our attorneys can we just go down to court house.and do this?
Usually not. Most judges will not allow you to have a final hearing when you have attorneys of record. You have the right to discharge your attorneys, but each of the attorneys would be required under Michigan law to obtain a court order allowing them to withdraw before you would be "on your own". I strongly advise you and your husband to call your respective attorneys and tell them that you've settled the case, then meet with your attorneys. If the attorneys see problems which would...
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2
Attorney answers:
Do I have the right to have my stepsons last name changed to mines without any agreement from his biological father.
First, I want to congratulate you for the obvious love and concern which you have for your stepson. If the natural father has been neglecting him, your positive paternal influcence is essential for his growth, development and self-esteem. Having said that, the specific answer to your question is governed by statute, namely, MCL 711.1 You can read the statute on the State of Michigan web site under State Government -- Legislature. Essentially, the name change of a minor has the same...
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2
Attorney answers:
Can my ex move further than the 100 miles agreed to?
First, look at your judgment. See if you have joint legal custody or whether there was a 100 mile limit but she was granted sole legal custody. If you have joint legal custody, then, before your wife can move more than 100 miles, she must not only obtain court permission, but must meet the five statutory requirements of MCL 722.31(4). Essentially, that means that a Court must look, among other things, at whether you've exercised your parenting time, whether the move would improve the...
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2
Attorney answers:
Under probate act for guardian of minor, failure to give notice to any relative is not jurisdictional.Includes natural parent?
Don't confuse "jurisdiction", which relates to the power of a court to act, with "remedy" which is your right to be heard. If a person filed for guardianship, and did not give notice to the parent, or if notice was by publication and the parent didn't see it, or the notice was mailed to the wrong address, there is nothing to stop the parent from filing a petition with the court having probate jurisdiction to vacate the Order Appointing Guardian. Obviously, if the parent hasn't kept in touch...
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