Legal Question in Family Law in Michigan

How do I protect myself when moving my child to another state?

I moved to MO in February from MI. My son wanted, at that time, to stay with his father. Now he wants to move to MO with me. How do I protect myself from his father coming back and later saying he never agreed to let him come here? (He's agreed at this time)


Asked on 7/31/01, 10:01 am

2 Answers from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: How do I protect myself when moving my child to another state?

Your post does not mention whether you were married to your son's father and then divorced; or if there was a paternity suit which found him to be the father and awarded you custody; or if there is some other administrative order regarding custody of your son. If you have had an attorney represent you in any such proceeding, the I would strongly suggest that you contact that attorney with your question. It may be that a simple written agreement will serve to protect you from a later change of heart by your son's father, or, it may be necessary to go (back) to court and obtain a Court Order allowing you to relocate the residence of the child from MI to MO.

If you did not have an attorney, I believe that you should contact one who practices in the jurisdiction where the last Order concerning custody was given. Good luck!

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Answered on 7/31/01, 6:50 pm

Re: How do I protect myself when moving my child to another state?

Dear Madam:

This is in response to your email of July 31, 2001.

I presume that you are either divorced from your child�s father or you were never married, but there is an Order of Filiation which establishes this man as the father. Regardless of which applies, to protect yourself you should have a Consent Order Regarding a Change in Domicile signed by both you and your son�s father entered with the court. If your son�s father refuses to sign a consent order you need to file a appropriate petition/motion requesting relief you desire.

Sincerely,

Michael D. Eberth

(313) 561-5700

[email protected]

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Answered on 8/08/01, 11:30 am


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