Legal Question in Family Law in Michigan
Changing Residence to Join Military
My husband and I have joined the Army. I apparently have to get persmission from the court to leave the state with the children due to a clause in my divorce. I have full legal and physical custody with reasonable vivitation. The father rarely sees or tries to make contact with the children and doesn't want to pay support. Also he has abused them, but I allowed it to be dropped to domestic violence. How do I get this permission and how long does it take?
2 Answers from Attorneys
Re: Changing Residence to Join Military
To Whom It May Concern:
This is in response to your email of April 27, 2001, which this office received on June 18, 2001.
In order to get permission to leave the state with the children you need to file a motion with the judge that granted your divorce or his or her successor. It usually takes about a month to get this done. If the father is as removed as you say, then he probably will not show up at the hearing.
Sincerely,
Charles L. Nichols
(313) 561-5700
Re: Changing Residence to Join Military
You need to file a motion with the Court for change of domicile. Providing you are making the move to better your children's life situation and not to thwart parenting time between your ex and the children the Court should approve your request. Since you are in the military the JAG office at your base should be able to provide some assistance. If not, you may be eligible to receive some legal support from legal aid. You may also check in with your local woman's shelter for assistance. Good luck.
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