Legal Question in Family Law in Michigan

Change Of Custody Request

Son is visiting me as court ordered by michigan freind of the court. Son who is 14 wants to live with me.I have form to send to freind of the court. Son is

supposed to go back in two weeks. What can I do to legally keep him with me until the hearing?


Asked on 7/18/01, 5:38 pm

1 Answer from Attorneys

Re: Change Of Custody Request

Dear Sir/Madam:

This is in response to your email of July 18, 2001, which this office received on July 18, 2001.

There is nothing you can legally do to prevent your son from returning to Michigan prior to a hearing with the court, especially considering the basis of your change in custody request will be the preference of your 14 year-old son. Although this basis may be sufficient to warrant an eventual change in custody, Michigan Courts cannot change custody without a hearing pursuant to the law. Finally, one of the factors that the courts must consider when determining whether custody should be changed is the ability of the proposed custodial parent to promote a close relationship with the other parent. Your actions could not only violate the court�s prior order, but also be construed as not satisfying this factor.

Sincerely,

Michael D. Eberth

(313) 561-5700

[email protected]

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Answered on 7/25/01, 4:33 pm


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