Legal Question in Family Law in Michigan

We have an issue regarding subject matter jurisdiction in a child visitation mod

My husband lives in KY where he was divorced and custody was determined. He has joint custody w/ his ex spouse residential primary caretaker. His daughter lives currently in MI and has since the time of divorce. We have an order dated in 2000 stating all issues regarding visitation and custody would remain in KY, however, the attorney representing his ex spouse states this order is no longer valid and MI holds jurisdiction due to subject matter jurisdiction. The other problem is, his ex wife has sold her home and is planning on moving to Georgia at any time and we were told, GA will not have any jurisdiction until the child had lived there 6 months. We have no current visitation order and are in fear they may hide his daughter and we may never see her again.... Can someone please help!! Also, if MI were to hold this, would we have to travel to MI to appear in court?

Thank you


Asked on 4/05/05, 9:27 pm

3 Answers from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: We have an issue regarding subject matter jurisdiction in a child visitation

A lot of states have joined in an interstate custody and visitation act. The purpose behind this is that one state will deal with the issue. Before the act, Different courts would take jurisdiction at the same time. Caused a lot of confusion. This is complicated. Normally the state where the child resides can assert jurisdiction. The statute provides for interaction between the courts. Without reviewing the Kentucky decree and speaking to you one-on-one where the facts can be developed, a complete answer cannot be given. At this point, you need to contact your husband's divorce attorney or consult a new one. Interstate custody and visitation issues are difficult in the best of situations let alone where the parties are at odds with each other. Select a good attorney that is convenient to you so that you can consult with him/her regularly. Don't give up, just take the right steps.

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Answered on 4/05/05, 10:37 pm
Blake Lipman Law Office of Blake P. Lipman

Re: We have an issue regarding subject matter jurisdiction in a child visitation

This is an issue involving the Uniform Child Custody Jurisdiction and Enforcement Act. I believe all states are subjevt to this act. Michigan very well may have jurisdiction of the child if the child has spent a significant amount of time in Michigan. The cases are fact specific. Without all the facts I cannot advise you as to how best to proceed. If UCCJEA applies, you may need a Michigan attorney. For more info, please contact my office at (248)851-3171.

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Answered on 4/06/05, 10:50 am

Re: We have an issue regarding subject matter jurisdiction in a child visitation

Every state (including MI, KY and Ga) have adopted the Uniform Child Custody Jurisdiction Enforcement Act. This law governs which state(s) will have jurisdiction over the child. We have done several of these cases with great success and would be please to discuss your case with you. In doing so, a complete review of all the court documents and orders in necessary in order to give you accurate responses.

If you are interested in retaining an attorney, feel free to telephone me at 1-880-576-6035.

Chuck Kronzek

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Answered on 4/06/05, 11:01 am


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