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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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My Brother lives in Michigan and the judge there wont let

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My Brother lives in Michigan and the judge there won't let him move. But him and my mother wish to come and live with me in Indiana. My mother is haveing a hard time paying her bills and taxes on home and I am afraid she is going to loose it. The person that has guardianship over my brother thinks they should be allowed to move also but the judge still keeps saying no we don't know what else to do. They are both depressed because of this and have no other family where they live. Can she just leave and will the courts do anything if she does?

-Could you explain your situation a little more?
How old is your brother?

Who has guardianship over him?

Why can't he move?

Please explain the circumstances.

Customer: replied 4 years ago.

My brother is 35. He has learning disabilites. The court took guardianship. because my mom made mistakes in the accounting.She is not an accountant, made honest mistakes.The judge won't allow him to leave the state of Michigan to come and live with me. I live in Indiana. I have the funds to take care of him and my mother, my husband has a good job and we have a 5 bedroom home. We really don't know why?

-Could you explain your situation a little more?
Have you ever personally filed for a guardianship in Michigan or has it always just been your Mom who has done so?
Customer: replied 4 years ago.

I am suppose to be the fill in guardian now.They gave it to another lady the court picked.

Dear JACUSTOMER - The only solution to the guardianship is for you to get a lawyer in MI to represent you and file for a guardianship. Your mother can move at any time and the court cannot stop her but if you bring your brother out of the court jurisdiction you or your Mom could be charged with contempt of court. Maybe if your Mom moved away the court may reconsider the fact that it would be best to have your brother with family rather than a stranger but I cannot guarantee outcomes of court cases. I have no idea why a judge would not permit your family to move your brother to be with you since I have no way to review the entire case file. Probate and guardianship cases can be complicated so you really need to have the representation of a lawyer in MI to handle this and get the guardianship transferred to you.
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