Legal Question in Family Law in Michigan
pregnant, getting divorce, and moving out of state
My niece has been married for only a few months in Michigan. She and her husband have decided it won't work and are getting a divorce, but she is now pregnant. He kicked her out of their apartment, and she had nowhere to go since she only had a part-time, low-paying job and couldn't afford rent. I live in Wisconsin, about 340 miles away, and told her she could come live with me; I'd help her with doctor visits, parenting classes, getting her GED, etc. She is now here and starting to get on her feet, but can the father force her to move back to Michigan when the baby is born? She wants to stay near me.
3 Answers from Attorneys
Re: pregnant, getting divorce, and moving out of state
If she wants contol over what happens with that baby, she should leave the state before it's born. Once it's born and a Michigan court takes jurisdiction, she LOSES her right to move wherever she wants to. Also, she can CHOOSE not to pursue child support. This frees her from the burden of the courts as well. He can petition for the child to be brought back to Michigan if it's less than 6 months AFTER the birth that she moves, so she'd better make up her mind fast, because the law presumes that her residence is in Michigan for up to 6 months after she moves.
Re: pregnant, getting divorce, and moving out of state
Hello,
I agree with everything that Regina said, except that she seemed to miss the fact that the niece has already moved to Wisconsin. No court can force your niece to live anywhere. However, the question is and will be who has custody and primary placement of the child. Either the father or the mother will, and the other will have to travel for visits. I agree with Regina that if the baby is born in Wisconsin and the mother stays here, that is better than the alternative.
Mark J. Mahoney
Re: pregnant, getting divorce, and moving out of state
The quick answer is "no." But, she should probably find out how long she must stay in Wisconsin in order to get jurisdiction there and then file for divorce as soon as possible. For more info. call (248)851-3171.