Legal Question in Family Law in Michigan
custody taken away because of a move
I had joint custody with my ex husband. i recently moved acrossed state with his permission, but unfortunately not in writing, he turned around and got an attorney and took my daughter away from me. there was no basis on why the judge did this. i followed his orders and my ex did not. he now has physical custody and i can only see her everyother weekend. i feel my rights have been violated and i cant find an attorney who will help me.
2 Answers from Attorneys
Re: custody taken away because of a move
I'm sure there are lawyers to assist you, including me, but not for free. While you may have violated the order by moving, that does not mean you shouldn't have more visitation than every other weekend, or the majority of the custody. When courts make decisions such as in your case, they look at various factors.
For a lawyer to provide you with an opinion on your on your chances of getting custody back, or even at least more visitation, I'd have to review the file and the basis for the court's recent decision.
Thanks.
Re: custody taken away because of a move
Although the situation is not hopeless, this is indeed a problem because, now that custody has been awarded to your spouse, it may only be changed upon a showing of clear and convincing evidence that it is in the best interest of the child. On the other hand, provided there are grounds you may be able to appeal the court�s decision. Moreover, a court may modify or amend its previous judgments or orders (including the amount of parenting time) for proper cause shown or because of change of circumstances until the child reaches 18 years of age and in some instances until the child reaches 19 years and 6 months of age. Good luck.