Legal Question in Family Law in Michigan
Ex-Girlfriend trying to move out of state and stop me from seeing my child.
I have been unimplemented and homeless for a year so I have not seen my child. My ex-girlfriend now is getting married in July and wants to move to Fort Wayne, IN. She claims that she has been unable to find work here so has to move out of state. I have a court order for child support, which I have been unable to pay, and visitation every other week. Since I have not seen my child in almost a year she wants to have the court to remove my rights to see her and move out of state but yet and still wants me to pay child support. Is there any way I can stop her from moving out of state and work out arrangments for the back child support?
3 Answers from Attorneys
Re: Ex-Girlfriend trying to move out of state and stop me from seeing my child.
Yes, you can get a job, start visiting with your daughter, and make arrangements with the Friend of the Court to pay back child support. Given your lifestyle and emotional distance from your child, you should think about what is in the best interests of your child.
Good luck.
Re: Ex-Girlfriend trying to move out of state and stop me from seeing my child.
You can argue to the court that a move out of state will deprive you of access to your child. This argument will be subject to the argument that is in the best interest of the child to move with mom out of state. You will also have trouble with this argument as you have not exercised visitation for so long. The child support issue should have nothing to do with your visitation for better or for worse. That is, you can't avoid child support because you have not received visitation. On the other hand, you cannot be deprived visitation with your child simply because you have failed to pay child support. Although, failure to pay child support could land you in jail. For more info, please contact my office at (248)851-3171.
Re: Ex-Girlfriend trying to move out of state and stop me from seeing my child.
The out of state move issue has nothing to do with the support, technically. However, the fact that you have not seen your child in over a year will weigh heavily on the judge's decision. Being out of work has nothing to do with the visitation issue. She still needs the court's permission but it will be easier for her since you clearly have chosen not to have a relationship with the child. William Stern