Legal Question in Family Law in Michigan
Revised: Non custodial out of state visitation
My fiance' has full physical custody of his 2 children and joint legal. His ex wife is now talking about moving out of state. Due to failing a drug test (cocaine) during the custody investigation, there is a modified visitation order, she does not get overnights with the children. She has not complied with the FOC recommendation to obtain outpatient drug counseling. What are the chances that the court, if she filed a motion, would now allow her extended visitation following an out of state move?
The mother has ordered visitation two days after school til 8 and 10-5 Sat and Sun every other weekend. It has become regular that she will cancel visitation and go a week or two at a time without seeing them. (This we keep records of, for over a year) She currently is without a drivers license, employment or permanent housing. She is also behind in child support. The children are ages 5 and 8.
1 Answer from Attorneys
Re: Revised: Non custodial out of state visitation
The decision would be up to a judge if the parents could not work something out. In these types of situations, the Judge takes many factors into consideration, and each situation is different. Therefore, I cannot give you a yes or no answer to this - there are just too many factors that are taken into consideration, especially if the FOC does a new review/investigation, and what is discovered during that investigation (i.e., if she is drug free, then her chances of getting visitation increase). However, because she didn't even comply with the first FOC recommendation about drug counseling, it does not sound like she would be granted overnights, at least not for a while.
If you need a family law lawyer, please feel free to contact me.
Thanks.
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