Michigan is a gender-neutral state when it comes to the question of child custody. That means fathers have as much right as mothers to seek and obtain physical custody of their child.
Adoption
Guardianship
In very general terms, a guardianship is awarded by a probate court judge to allow one person to make decisions regarding another person’s physical life. Such decisions could include whether the patient should be hospitalized, admitted to a nursing home, and what – if any – treatment should be provided.
Spousal Support
In the old days this was called "alimony." Generally, Michigan courts reserve this for long-standing marriages in which one party has a means of support and the other does not. The court reviews a number of variables before it would make an award of spousal support that are paid through the Friend of the Court. MCL 552.13, 552.23, 552.452. See Michigan Court Rule 3.218.
Mike Walsh conducts a general practice of law from his office in Muskegon. His practice includes criminal defense, probate litigation, and family law. He’s practiced in numerous county courts throughout the state, the Michigan Court of Appeals, and the U.S. District Court. He is a member of the Representative Assembly, the rule-making body of the State Bar of Michigan that proffers rules and rule changes for the for state supreme court. He served as the 2011-2012 president of the Muskegon County Bar Association. Before entering private practice, he was an assistant prosecutor for Newaygo County and, earlier, an investigative journalist.
Wrongful Death
Time limits: Wrongful death claims generally must be filed within three years of the death. However, Statutes of Limitations differ from one cause of death to another. See us immediately; don’t lose your claim by letting the clock run out.
Sex Crimes
In Michigan, common law crimes such as “rape” no longer exist; they have been replaced by gender-neutral statutes. That means males and females are treated equally and both can be charged criminally for sexual offenses. There are numerous laws involving such crimes. They include the following...
Robbery
Misdemeanors
Criminal Responsibility. Use of a weapon results in a criminal investigation by police and prosecutors. If the prosecutor determines your incident to be justified, no charge will follow. If not, you could be exposed to both misdemeanor and felony criminal charges with penalties ranging up to life without parole.
Assault
District Court misdemeanor trials and Circuit Court felony trials are similar. The burden of proof is on the prosecutor to prove each element of each alleged crime beyond a reasonable doubt. (Compare that to the probability standard of the preliminary examination). The prosecutor must introduce evidence through witnesses. Your attorney has the right to cross-examine each witness to object not only to what a witness might say but also to any physical evidence they might produce. Every crime statute is built with “elements.” For example, assault and battery has two elements: 1. Putting a victim in fear of being touched or struck; 2. Being touched or struck. If the prosecutor proves both, the Defendant would be found guilty. If the prosecutor could show Defendant made statements that he was going to strike someone but couldn’t prove any touching, then Defendant is acquitted.
Murder
Juvenile Crimes
Juveniles, like adults, face criminal prosecution on a daily basis. Also like adults, kids 16 and under have rights under the U.S. and Michigan constitutions. Mike Walsh forcefully defends those rights.
Neighbor problems? Landlord-tenant issues? Defaulted contract? Let us help. Our experienced attorneys can help you through this difficult and dangerous time.
One mishap can end a life or change it forever. Although we can’t rewind time, we can help make the future more bearable for the client and family.
Medical Malpractice
Kinds of deaths. We often think of vehicle accidents when we think of negligence deaths, but such tragedies also take place in nursing home falls, work-place deaths, medical malpractice, factories, swimming pools, police actions – almost every situation where we work, live, and play.
Our staff, in every area of our practice, place clients first. This is clearly found in our estate planning, elderlaw area, where older adults – and those planning to become older – are guided through the maze of regulations and options facing seniors or those on the verge of that milestone.
Wills
A Will is like a letter to the probate judge. “Dear Judge, I’m dead. Here’s how I’d like you to distribute my belongings…”
Trusts
B. Irrevocable Trusts. Some, from the start, are irrevocable. Once signed, it’s set in concrete, and law. Revocable trusts become irrevocable upon incompetence or death.
Power of Attorney
Financial Power of Attorney – Empowered either upon necessity or upon signing, this document allows a parent to handle an adult child’s financial matters – dealing with college financial aid offices, hospital billing departments, veteran benefits offices, Social Security Administration, and other institutions.