Legal Question in Family Law in Michigan

Re: Michigan vs California

Dear Inquirer:

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NOW, IN RESPONSE TO YOUR INQUIRY --

The facts that you have provided are not clear

enough and/or complete enough to provide a

definitive answer to you inquiry; however, I would

say that under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), the state that made the first order regarding the child maintains exclusive and continuing jurisdication as long as the mother OR the father OR the child continues to reside in that state. Worst case scenario is that after the child goes to Michigan your daughter could claim that he now RESIDES there, none of the three parties mentioned above lives in CA anymore, and therefore Michigan should take jurisdiction. You would then have to defend the lawsuit in Michigan.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

Re: Michigan vs California

Wow. That lawyer from California that answered you is a bit paranoid! Anyway, Michigan will honor the California orders. HBe careful before sending him to Michigan. Although you may have the right to get him back, and may ultimately be succcessful, you may have to institute legal action in Michigan if your daughter decides to cause problems. That could be very time consuming and expensive. So be careful! If you need further help on this, call me at 248-353-9400. Bill Stern

Re: Michigan vs California

Hello I have reviewed your question and the 2 answers already provided. Is the glass half full or is it half empty? That is how I would distinguish what the 2 prior answers have said. All of the things mentioned in the first response could happen. Likewise the Michigan attorney is also correct, just a bit more optimistic. It is my general position that it is in the best interest of a child to have contact with his/her parents. Therefore I would not be automatically opposed to your daughter's request. Perhaps you can have a psychologist discuss the issue with your grandson and se what an expert's conclusion is.

On the other hand, I am very concerned about you having to litigate a custody matter in Michigan. I would advise you to retain a California attorney to assist you in drafting a very stringent Order Allowing Visitation and Mandating Return of Child. I would want specific language in it saying when and how your grandson is going t be returned to California, at whose expense, acknowledging that this is not an attempt to change custody and that California is the appropriate jurisdiction for any visitation or custody disputes, and that in the event she seeks more visitation or a change of custody such dispute will be heard in the California Court.

There is an old adage that one should "never say never." That means that you can never guarantee that a Michigan court would not accept jurisdiction over this case; however you can try to get as much leverage as possible.

I hope that this helps at least a little. Good Luck.

John C. Talpos (http://www.Mich-Lawyer.com)

Re: Michigan vs California

Under the Full Faith and Credit provisions of the United States Constitution Michigan should recognize a valid custody order from California. However, as with most other things, what should happen is not always what happens in reality.

I think it would be prudent of you to have a psychological evaluation of your grandson performed to see how he would deal with being sent to Michigan for the summer. I have some reservations about sending him to Michigan to stay with his mother and her new family. Especially, since she has had no contact with him for the past two years. She has in effect deserted him. How can you be sure she wouldn't do it again? I do believe that it is usually in the child's best interest to have a loving relationship with his/her parents. I would suggest that you invite the mother to come out and visit with your grandchild where you could observe the interactions. If they are appropriate and the child wants to travel to Michigan for the summer and the psychologist believes that it would not harm the child let him go. However, if the child doesn't want to go and the psychologist believes that it is not in the child's best interests to go or the mother refuses to come and try to restablish a bond with her child or if she does and acts inappropriately then you should deny her request. Good luck.