Legal Question in Family Law in Michigan

Custody and father's rights.

Hello, my husband divorced the mother of his now 12 year old son 3 years ago. The mother was awarded physical custody in Michigan. Since then, the father and I have moved to California. The mother has now remarried and moved 4 hours away from where we all originally lived. We would like to file for custody of the child because the mother and her new husband have not worked in a long time, she pulled the child out of school to move him 4 hours away from his family and it was not to better their lives. How do we go about winning custody and proving that she should not have custody because there isn't even a wage-earner in the household. They live solely off of child support. Also, is it even legal for her to move that far away from the child's home base? If not, what can we do about that and should we try to work with that aspect before filing for custody? What kind of chance do we have of winning, and how do we prove our case? I know this is a lot but I sincerely appreciate anyone taking the time to give me a starting point. I am only the step-mother but I love this child and whole-heartedly believe he would be more secure, and all around raised better in our home. Thanks again!


Asked on 4/11/08, 4:50 am

1 Answer from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Custody and father's rights.

you really need to go see an attorney personally. there are a lot of things going on here. a sound strategy will probably go a long way in this case. if you can't retain an attorney, then focus on the child's best interest. why is it better from the child to be with you, than his mother. economics is usually not something you want to bring into the fold. look at what's actually going on with the child.

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Answered on 4/11/08, 12:45 pm


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