Legal Question in Family Law in Michigan
Father's rights for wedlock child in mi
My b/f has a 3 y.o. child out of wedlock in MI.His name is on the birth certificate and he acknowledges the child as his and wants to be in child�s life.The type of work he does require lots of traveling.
The mother of the child has 2 older kids from before.
Her and the father of child were trying to live together a few times before but constant abusive fights put the end of it.The father is paying child support and helps anyway he can; visited his son often. Now the mother moved to state of FL with all her kids. It makes it very difficult for father to visit.
Besides, the mother of the child constantly threatening the father of the child that she will relocate with their child somewhere he would never find them if he get involve in any other relationship. She is Cuban.
My question is what kind of legal rights the father of the child has in this case? How he can make his visitation rights legal and be able to keep his son around, and even without her agreement on that? Did she have rights to relocate with the child so far(from MI to FL).Can he do anything about it now? And another thing can she manipulate with child's visitation rights in case when the father of the child involve in another relationship?
thanks a lot
3 Answers from Attorneys
Re: Father's rights for wedlock child in mi
A non custodial father has the right to petition the Courts in every state to enforce his right to have contact and visitation with his child.
If a child visitation order exists in the state that ordered the child support, the father may Petition the Court in that State to enforce his contact and visitation rights.
If neither a child custody or visitation order or judgment exists in any state, ( as is often the case in out of wedlock cases), the father may initiate a Custody/Visitation Action in Fl; or wherever the child has actually lived, for 6 or more months.
In any case you need a lawyer to consult and assist in this matter; Or.... the father can wait until his son needs him and comes to him, either at 13, 16 or 18. Then the mother will not have the ability to interfere in the relationship.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ
Re: Father's rights for wedlock child in mi
This should have been taken care of while the child was in Michigan. If there is a court order, there most likely is language in the order preventing removal of the child from the jurisdiction. Now that the child is in Florida, if there is no order preventing such removal, you have problems that may have to be resolved in Florida. Bill Stern 248-353-9400
Re: Father's rights for wedlock child in mi
If the child was born out of wedlock, paternity needs to be established. Is b/f on the child's birth certificate? If not, very tough situation. If she does not seek support from him, it will be difficult to establish paternity. For more info., please contact my office at (248)851-3171.
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