Legal Question in Family Law in Michigan

change of domicile

filing for a change of domicile from MI to NY. x-husband is contesting. He is very limited participating father only by the written order of the decree. everyother weekend from sat 6pm to mon 8:30am and every wed after school-7pm two non-consecutive weeks in the summer, every other holiday, has a LOT of anger towards myself, 1st time filed change of domicile judge felt the visitation was not suffient x-husband felt the same the offer was 5 weeks in the summer and every extended vacation from school working out to be about every 6 weeks and any time X would have an extended weekend. Asked X many times to sit down to figure out a suitable visition schedule, X refuses to talk to me, my fiance, or even his daughter-whom wishes to move. can I put together a visitation schedule, send it to the X with a specified date for reply, stating that his nonreply is acceptance of the visitation shedule, will this hold up in MI courts?


Asked on 1/11/04, 3:54 pm

1 Answer from Attorneys
William Stern William Stern, P.C.

Re: change of domicile

Your idea will not work. You must do it the standard way by filing a motion and getting the job to order the change. If the judge does not cooperate, then see if you have grounds for appeal. However, it would be difficult to win this appeal as the judge has discretion to make the decision. You have to have a real, real good reason to change the domicile. Bill Stern 248-353-9400

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Answered on 1/11/04, 10:18 pm


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