Legal Question in Family Law in Michigan

I am a single Father trying to get legal custody of my daughter of which right now I have physical custody. Her Mother is coming in early November to pick her up and move to Arizona. My child was born here in Michigan and I am now maintaining permanent residence here. What are my options?


Asked on 11/07/10, 2:11 pm

1 Answer from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

It depends on the terms of your judgment of divorce or any orders pertaining to the minor child. If you have physical custody, then you should have at least joint legal custody of the child. It is rare that a parent would not have joint legal custody, and is usually reserved for situations where a parent is incarcerated, in a permanent mental hospital, has a substance abuse problem or other addiction, etc. The mother should have been required to seek the court's permission to remove the child from Michigan if you did not consent, even if your judgment/order doesn't specifically state that. You may have to be the proactive person here and immediately retain a lawyer to file the appropriate motions to prevent the child from being moved out of state.

Without knowing the history of your case and the contents of any judgments and orders, I cannot provide any further advice. I'd need much more information, and the contents of any court file, before thoroughly advising you on your best course of action. However, I can tell you that you should act immediately and definitely not wait until the child has already been moved out of state, even if the mother is acting illegally.

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Answered on 11/15/10, 4:54 pm


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