Legal Question in Family Law in Michigan

Future Military Husband

My son's father and I have never been married. I have sole physical custody and we have joint legal custody. My fiance is goin into the military and after bootcamp we are planning on getting married. I'am unemployed so we will be financianlly stabily when moving with my fiance. I have two questions..

1. Will be able to move?

2. When should I tell my ex that we are engaged and my fiance is in the military so we will be moving?


Asked on 1/08/06, 11:50 pm

1 Answer from Attorneys

William Stern William Stern, P.C.

Re: Future Military Husband

Many of the recent custody orders have language that prevents you from moving the child from more than a 100 mile radius. I believe that even if the order does not incorporate that language, it is the law. Therefore, this is something that you'll have to agree upon with the father or take up with the judge. The fact is that moving the child in this manner essentially deprives the child of a relationship with the father and when they do meet for visitation, the child is meeting a virtual stranger. That is why the move may not be as easy as you believe. The judge may not see it your way. Therefore, take care of this immediately and try to work it out with the father so that you are not faced with an adverse decision from a judge. If the judge rules against the move and you do it anyway, you could not only be dragged in for contempt of court, but you could be charged with parental kidnapping, which is a big deal. William S. Stern

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Answered on 1/09/06, 7:12 am


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