Legal Question in Family Law in Michigan

custodial parent wont show up for hearings

my husband has an order demanding the return of hi son back to Michigan by the 22nd of April. The mom won't do it, she is basicly hiding from us and the courts right now.

We are going to file a motion for change of custody, but we know she won't show up so how many times will the court postpone the hearing before they just give a decision without her there. Is there any legal limit on how many times they can do it? Or can they just dismiss the case because she wont show up?


Asked on 4/20/02, 11:10 pm

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

Re: custodial parent wont show up for hearings

If the mother is not cooperating and the court has proper jurisdiction, eventually, the judge (maybe even after one time) will enter an order granting your request. You then will have to take that order and file a case in the state where she is located to have it enforced. You may find that she has already obtained an order in the other state that conflicts with the Michigan order. Usually, the earlier order prevails, unless some emergency situation exists where they court would appoint a guardian for the child to look into the situation and report back.

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Answered on 4/21/02, 10:30 am


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