Legal Question in Family Law in Michigan

Moving and retaining/getting custody

In MI my Husband and I had joint physical and legal custody of his son, unfortunately we had no jobs so we moved to FL. We filed the change of Domicile to say that at the time the Mother should get primary physical custody. We have since realized that is a mistake and we would like to retain joint custody and within a year file for full custody. BM is mentally abusive to everyone she meets and when they were together she was physically abusive to my husband but has never laid a hand on the child, but she will tell him and my husbands family all sorts of lies about my husband being a bad father. She is neglectful of her son, she always leaves him at her moms and she has been know to get angry and leave him alone for someone else to discover and take care of. She also it taking our court papers around town and telling people that it means she has full physical and legal custody and my husband has no rights at all and if she wanted to she doesn't have to let his family see their son. Which isn't true. What can we do about all of this nonsense that is going on in MI when we are in FL and how can we show we are the better household. And can we have a gag order and stop her from telling her lies to our family?


Asked on 7/03/08, 10:59 am

1 Answer from Attorneys
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Moving and retaining/getting custody

You would need to retain a Michigan lawyer to file change of custody papers, assuming the Michigan courts still have jurisdiction over the case as that is where the children reside and are domiciled. Those papers could also require her to stop defaming you, although there is no guarantee she would stop.

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Answered on 7/03/08, 7:59 pm


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