Legal Question in Family Law in Michigan
What would happen if a parent with joint custody of children needed to leave town for an extended period? Specifically, the parent would be a few hours away attending a state police academy. The parent would be able to come home on weekends, but required to live at the academy (or training post after academy training) during the week. The training would take about 9 months. Would the parent have to forfeit custody? Would they be considered in violation of the custody order? Could a temporary custody order be arranged that would revert back to the original joint custody after 9 months?
2 Answers from Attorneys
There could be a temporary order for sole custody, particularly legal custody. This could be done with a stipulation between the parties. Or, you could arrange to have the court appointment a guardian to stand in your place while you are temporarily gone. This could be a grand parent or anyone else that you closely trust to make decisions on behalf of your child. The guardian would share legal custody with the other parent until you return.
Yes the parties could agree to a temporary order. I would need to see the current order to answer your other questions. There is a statute that allows for temporary placement (six months) that may apply in this situation that would not require the courts intervention. Feel free to contact me to discuss.