Legal Question in Family Law in Michigan
child support/visitation
My wife's ex boyfriend whom she has 2 children with made an ultimatum that if she is to move out of the state of michigan with me and the children, she also has to drop child support order, but also to allow him to claim one child on tax returns, visitation during holidays, 1/2 summer, splitting costs 50/50 and to provide a number at no cost to him that he can call the children whenever he wants. he is harrassing my wife now, and she is stressed because she doesnt know what the laws are regarding this situation. did she sign an unlawful court order? is a father legally obligated to pay child support or can he sign off responsibility and still get visitation of the children? I have a child with her as well, and he wants to try to keep the two of them from getting close to their younger brother.
3 Answers from Attorneys
Re: child support/visitation
Calm down. This is a negotiation, and lines of communication have to stay open. If you take the approach that you WILL get what you want, then his histrionics won't bother you at all.
First, he has a right to see his children and an obligation to help support them. Neither issue changes by where the children live, only the quality of the input.
If he chooses to barter his right away for the cost of a telephone line and a reduction [not elimination] of child support, that's great and a small price to pay for peace.
Second, you HAVE to get court permission to move IF the court has jurisdiction over the children.
It looks like you might be on the way to a workable, pretty standard agreement, so just make up your mind that you will have to compromise something in order to get what you want.
Call the Ann Arbor or Wayne dispute resolution centers, go in with a trained mediator and work out an agreement,--offer to pay the cost of mediation if you must, but that's the best way. It's a lot cheaper than fighting in court, and both sides will be happier with the result.
Then, abide by the agreement you make and have a happy life!!
Re: child support/visitation
The situation that you describe is complex and long for an internet answer. A skilled family law attorney can probably accomplish the goals that your wife wants to achieve. She should immediately schedule an appointment to retain an experienced attorney.
For more information, go to:
www.MidMichiganDivorce.com
Re: child support/visitation
Most orders nowadays include language that prevents either parent from removing the child or children from more than a 100 radius or to another state. It is also common for the other parent to take advantage of this and extort concessions before consenting to a move. With the economy the way it is today, you need to have a good family law lawyer put together your case for the move, showing how such a move would be in the best interest of the children while still allowing the children to maintain a strong relationship with the other parent. William S. Stern
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
