Legal Question in Family Law in Michigan

Re: Custody jurisdiction

Interstate custody disputes are covered by the UCCJEA. The state which last decided custody has exclusive jurisdiction, provided one of the parties still lives there. So if the last decision was rendered in HI and neither of you lives there now, the MI court will have power to decide the case. Too bad you did not file anything in CA. You might want to consult a MI family law attorney. Maybe the MI court will rule in your favor if you show up in court and have representation there.

Re: Custody jurisdiction

I generally agree with Mr. Stone. There is one caveat. The state in which the children is normally the home state of the children. The children are now in MI therefore it would have jurisdiction, and will make a decision unless you take action to oppose it. Also you should either open a case in California, preferred proceedure, or be prepared to open a case in California immediately after the hearing in MI. One of the purposes of the uniform child custody act was to prevent the very thing that has occurred in your case.

Re: Custody jurisdiction

The court in Michigan can retain jurisdiction over the children and all matters impacting the children if the original order was from a Michigan court.(Was the original order from Michigan or Hawaii?) Under certain circumstances, a court in another state can acquire jurisdiction. For more info, please contact my office at (248)851-3171.