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)
2 Answers from Attorneys
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!
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