Legal Question in Family Law in Michigan
Brothers wife wanting to move, son not wanting to go
I am doing some research for my brother. His ex-girlfriend wants to relocate to N. Carolina with their 15 year old son. Her new husband has a job offer there. The boy (15) doesnt want to go. My brother has visitation rights and has never missed a visit in those 15 years. What are the odds the boy will get to choose or stay and any advice would be great.
2 Answers from Attorneys
Re: Brothers wife wanting to move, son not wanting to go
That girl isn't moving unless she has an incredible reason, so long as your brother fights it and there is a court order in effect establishing your brother as the father along with his visitation rights. William S. Stern
Re: Brothers wife wanting to move, son not wanting to go
The mother must obtain a court order to move out of state. You don't provide enough information to determine if the mother's effort will be sucessful. Your brother's attorney can provide a complete analysis of the D'Onofrio factors (which is what the court will use to determine whether she's allowed to move. However, Michigan has slightly modified the factors.) Your brother should contact his attorney NOW.
Chuck Kronzek
www.MidMichiganDivorce.com
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