Legal Question in Family Law in Michigan

Re: Questions In Regards To Child Custody

Your son cannot just stay with you permanently until an official order changing custody has been entered with the court. If the father will not consent to a change in custody, you will have to file a motion and argue it out in court. The judge will definitely listen to your son and base most of his decision on what your son says, such as why he wants to live with you. You'll need to demonstrate you can afford to have him live with you, have him go to school, etc. Be prepared to respond to the reasons as to why your ex doesn't want your son to live there with you.

For example, if he says you have a drug abuse problem, then be prepared to demonstrate you don't and have letters from your doctors, or whatever (this is just an example - don't be insulted). The other issue could be money - father might be concerned you couldn't afford him, and also that you'd be asking for a high amount of child support.

The father's objections likely pertain to him not wanting to have to pay child support - especially if you can't think of any other legitimate reason he has for not letting his son move with you (such as a bad environment, etc.). Even if the father doesn't like your new hubby or boyfriend, and wants to use that as an excuse, he has to say more than that - such as your new boyfriend is abusive or doesn't get alone with your son. Which is probably not true, otherwise why would your son want to be there with you?

His father may also worry he won't see his son, or will have to pay 100% of the travel costs for his son to go back and forth. But you can offer to pay half of it, if he is truly concerned about this (or can't afford to pay it).

Bottom line is that courts use the "best interests of the child" standard when making decisions like this, and you will need to show it is in your son's best interests to move with you.

Good luck.

Re: Questions In Regards To Child Custody

You should hire an experienced family law attorney in the county where the custody issue was decided.

For more information, go to:

www.MidMichiganDivorce.com

Re: Questions In Regards To Child Custody

You will not get charged with kidnapping. The best way to get custody is to file a Petition with the court.

Re: Questions In Regards To Child Custody

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