Legal Question in Family Law in Michigan

What legal measure's can i take to move my kid's out of state when it's court or

I have physical custody of my 4 children,and the court order states that i cannot move out of the state of michigan with them.My problem is i recently married a canadian citizen and would like to move to canada but the children's father wont allow it.I need to know what legal measure's I can take to make my move possible.


Asked on 11/30/04, 7:45 pm

3 Answers from Attorneys

William Stern William Stern, P.C.

Re: What legal measure's can i take to move my kid's out of state when it's cour

Since I practice in the Detroit area, I have had many cases where one party lives in Canada and the other in metro Detroit. It boils down to the distance, more than the country. If the distance is less than 100 miles, you really don't have a great problem. However, if it involves a move more than 100 miles, you would have to have real good reasons to get the judge to allow the move. Feel free to give me a call. William S. Stern 248-353-9400

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Answered on 12/01/04, 7:06 am
Blake Lipman Law Office of Blake P. Lipman

Re: What legal measure's can i take to move my kid's out of state when it's cour

The father has the right to see the children and anything that would hinder or make it difficult for him to exercise parenting time will be scrutinized by the court. More importantly, the court will look to what is in the best interest of the child. The court considers access to both parents as being in the best interest of the child, unless there is abuse or neglect. You would have to show that the move to Canada, would not interfere with the child's access to the dad. Also, the reasons (best interest of the child) for the move to Canada should outweigh the interest of parenting time with dad. For more info, please contact my office at (248)851-3171.

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Answered on 12/01/04, 3:29 pm
Jesse Sweeney Sweeney Law Offices, P.L.L.C.

Re: What legal measure's can i take to move my kid's out of state when it's cour

You'll need to file a motion to change domocile, which can be a complex motion best served by the assistance of counsel. Feel free to contact me. 248.569.1900.

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Answered on 11/30/04, 10:11 pm


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