Legal Question in Family Law in Michigan

moving state to state have violated state laws

My divorced was finalized in michigan but i was living in ohio at the time and my ex was living in missouri. the divorce papers say that i need permission to leave michigan and i got that to leave to ohio. i now moved to washington and the michigan court is saying i am in violation for leaving because i did'nt get permission from the friend of court. am i in violation?


Asked on 11/25/03, 5:24 pm

1 Answer from Attorneys

Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: moving state to state have violated state laws

TO ANSWER YOUR QUESTION PROPERLY AN ATTORNEY WOULD HAVE TO CAREFULLY REVIEW YOUR JUDGMENT OF DIVORCE TO SEE HOW IT IS WORDED. THE PURPOSE FOR SUCH CLAUSES IS TO PROTECT THE VISITATION RIGHTS OF THE NON-CUSTODIAL PARENT. IT APPEARS FROM YOUR QUESTION THAT THE COURT DID ALLOW YOU TO RELOCATE TO OHIO FROM MICHIGAN. SINCE YOUR MOVE TO OHIO HOW HAS THE VISITATION BEEN GOING BETWEEN YOUR EX AND THE CHILDREN? HOW HAS THIS VISITATION CHANGED SINCE YOUR MOVE TO WASHINGTON? WHAT WAS THE PURPOSE YOU MOVED TO WASHINGTON? WAS IT TO CAUSE A HARDSHIP ON THE NON-CUSTODIAL PARENT OR WAS IT TO BETTER THE LIFE OF YOUR MINOR CHILDREN? THE ANSWER TO THESE QUESTIONS WILL GO A LONG WAY IN DETERMINING IF YOU ARE IN VIOLATION OF THE COURT'S ORDER. THE WORST TAHT CAN HAPPEN IS THAT THE JUDGE WILL ORDER A CHANGE IN CUSTODY. THAT HOWEVER IS A REMOTE POSSIBILITY PROVIDING YOUR MOVE WAS FOR LEGITIMATE REASONS. THE COURT MAY REQUIRE YOU TO MAKE UP THE DIFFERENCE IN EXPENSE OF VISITATION BETWEEEN OHIO AND MISSOURI AND WASHINGTON AND MISSOURI. GOOD LUCK. SINCE NEITHER YOUR EX NOR YOU RESIDE IN MICHIGAN YOU MIGHT WANT TO CONSIDER HAVING YOUR CASE TRANSFERRED TO WASHINGTON FOR OVERSIGHT.

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Answered on 11/25/03, 7:19 pm


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