Legal Question in Family Law in Michigan
pregnancy & divorce--residence location and visitation questions
My niece became pregnant last March and her husband left her in May (they lived in Michigan at the time). She had no place to go, so she came to live with me in Wisconsin at the very end of May and has been here ever since. Her husband moved to Texas to be with his mom in June, without telling her. Neither one has yet filed for divorce, although they both want it, because of the cost.
Her husband recently contacted my niece and threatened to come here and take the baby with him to Texas for a month or so as soon as it's born. Can he do this? Also, can my niece be forced to allow him to take the baby to Texas for extended time periods even after it's a little older (he's said he won't fight for custody).
Secondly, my niece's family (other than me) lives in Michigan where she used to live with her husband. I may be moving elsewhere within a couple years and am concerned that the court will not allow my niece to move back to Michigan or to take the baby to visit family in Michigan if the baby is born here in Wisconsin, and that she'll be stuck here with no family support. How likely is this to happen? If it's a real possibility, she wants to move back now, but if it's not, she wants to continue living here for awhile longer.
2 Answers from Attorneys
Re: pregnancy & divorce--residence location and visitation questions
She should file for divorce as soon as possible to protect her rights and to lay ground rules for visitation and custody of the minor child. If she is going to reside in Michigan, she should probably file in Michigan, but in order to have jurisdiction in Michigan she has to reside in Michigan 180 days continuously prior to the filing. She should return to Michigan immediately to create jurisdiction, or if she has spent the requisite time in Wisconsin( I'm not sure what the jurisdiction statute in Wisconsin requires), she should file there. For more info, please contact my office at (248)851-3171.
Re: pregnancy & divorce--residence location and visitation questions
Your niece needs to file for divorce or minimally, a separation. This would require a court order specifying who has custody, visitation, etc. That way, if the order is violated, the parent who violated could potentially be charged with parental kidnapping. As it is now, the father has as much right to the child as she does. GET ON THIS! William S. Stern 248-353-9400
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