Legal Question in Family Law in Michigan
My wife left to �visit� her mother across the country and had a return flight for 7 days later (she claimed I�m not actually sure if she did). It�s been just over 4 weeks she�s changed her �lives in� status on social media to reflect the new state, had one of our cars shipped across the country to her and has started (or maybe already has) employment and is getting a new joint residence with her mother across the country. Our home location is Kalamazoo, MI.
This relocation was completely without my consent and she refuses to return. She�s strung me along claiming multiple reasons why she has not returned yet once I threatened legal action including false monetary issues. I�m ready to take legal action but I�m not sure where to begin. I do want a divorce but my primary concern now is getting my son back in the state of Michigan so I can obtain parental visitations. I�m flat broke she made sure to cause this problem intentionally and premeditated (with proof) on her way out the door. Should I call the police about kidnapping, should I file for custody, should I file a divorce and an �exporta� order?
What is the quickest way to get my son back into the state of Michigan and receive parenting time? I can always get divorced later if it�s faster to get my son back another way.
1 Answer from Attorneys
Your son was not kidnapped in the eyes of the police because he is with his mother. Your best method is to consult with an attorney, file for divorce and request an Ex Parte Order for the return of your son. If you present the facts (i.e. she had a return ticket, broken promises to return, etc), then you should be successful.
Also, you can request that she contribute to the attorney fees.
Meet with an attorney in your area (Kalamazoo) sooner rather than later to discuss your options.
Good luck.
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