Legal Question in Family Law in Michigan

divorce/custody when father moved out of state before baby born
My husband and I were married in Michigan. He left me when I was 3 months pregnant and moved to Texas. I went to Wisconsin to live with my aunt temporarily (I've been here 5 months) because I didn't have anywhere else to go. Now I'm moving back to Michigan to have the baby. Neither of us has yet filed for divorce, me because social services said it would be better to wait until the baby is born, for various reasons. My husband says he's going to file in Texas in January, when he's been there for 6 months. If he beats me to it and files in Texas, will the Texas court decide custody even though the baby and I live in Michigan? Will I have to go there for the hearing? Can I file for divorce in Michigan right away, even though I've been out of state for 5 months, or do I have to wait another 6 months? Help!

Asked on 10/27/04, 2:26 pm

William Stern William Stern, P.C.

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Re: divorce/custody when father moved out of state before baby born

I'd stay in Wisconsin another month and file there as you have to be a resident of the State of Michigan for 6 months to file here. Bill Stern

Answered on 10/27/04, 3:59 pm

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