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TAKING CHARGE


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RESOURCES - SINGLE AND DIVORCING PARENTS

« Parenting time | Holidays and more | Main | Can a custody issue be "transferred?" »

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Angela,

Call your ex-husband and tell him that if your son is not back at your house in two hours--with his school records so that he can be re-enrolled in his school--you are going to call the county prosecuting attorney. Then do it. In addition, count up the days of denial of parenting time and write to the Friend of the Court. The FOC will send him a notice of denial. If he doesn't respond within 21 days, he admits the denial and you get to choose your make-up time. If he contests it, he has to do it before the judge. It sounds as though you are doing just fine in front of the judge.

Here is the law on parental kidnapping:

http://legislature.mi.gov/doc.aspx?mcl-750-350a

750.350a Taking or retaining child by adoptive or natural parent; intent; violation as felony; penalty; restitution for financial expense; effect of pleading or being found guilty; probation; discharge and dismissal; nonpublic record; defense.

Sec. 350a.

(1) An adoptive or natural parent of a child shall not take that child, or retain that child for more than 24 hours, with the intent to detain or conceal the child from any other parent or legal guardian of the child who has custody or parenting time rights pursuant to a lawful court order at the time of the taking or retention, or from the person or persons who have adopted the child, or from any other person having lawful charge of the child at the time of the taking or retention.

(2) A parent who violates subsection (1) is guilty of a felony, punishable by imprisonment for not more than 1 year and 1 day, or a fine of not more than $2,000.00, or both.

i have sole legal and physical custody of my young sons, but my ex refuses to bring my 12yr old son back to me and he enrolled my 12yr old son in a different school and district even though i told him i did not want my son to go there, as my son was already enrolled in his same middle school as he went to last year, but now my ex is refusing to bring my son back to me, my ex let my youngest son stay with me as my ex i guess doesnt want the responsibiity of taking care of my youngest son as my 10yr old son has autism, but my 12yr old has juvenile arthritus, and yet my ex told my son he did not have to take his meds anymore too, its so frustrating, i have tried to talk to my son and my ex has my 12yr old son so brainwashed now and mainuplated that now my 12yr old son is saying he wants to live with his dad , and my ex says it should be up to what my son wants, not what the order says, the court order said i have full legal and physical custody of my sons, and that each of have a full 30 days vistation with our sons, but my 12yr old refuses and my ex refuses to bring him back , the most i have seen him is on a weekend, this weekend my son back to me finally but then my ex called me this afternoon and he didnt know i had the cell on speaker phone and he told my son to pack his bags it was time to go, i told my son it was my time with him he did not have to go, but he told me yes mom i have to go, he is so manipulated i am worried about him but i did not want to cause a scene in front of my younger son as my 10yr old was already crying that his dad was forcing his 12yr old brother to go back over there, my 10yr old son tells me that my ex and my ex's new girlfriend fight all the time and its stresses them out, my 12yr old son was so nice and sweet before he started the montly visitation with my ex, now my 12yr old is violent, and sasses me back constatly, and is very rude to me and my 10 yr old son, i am worried about my sons well being, i am a single disabled mother and its hard for me, what do you advice, my ex is holding it over my head that i am poor and yet my ex had an attorney during our court hearings and both times i was representing myself and both times the judge awarded me sole legal and physical custoy of my sons, as my ex has been extremely abusive in the past thats why i left him 8yrs ago. for the past 8yrs my ex barely saw my sons and i raised them all on my own financially and physcially and mentally, yet this year my ex got a new girlfirned and he decided he wanted to fight for joint custody, but my ex had never attended any of my sons doctors appointments, or their teacher conferences and had not paid any child support in 8yrs to me, now that he has visitations he had my son a little longer this summer as my son was having fun so i didnt think it was that big of a deal to let him stay a little longer then the one month that his dad has his vistation, but after that month was over my ex refused to bring him back its been 2 months and then i found out right before the first day of school that my ex had enrolled my son in a new middle school in the city my ex lives in, yet my son was already registered in the middle school where he went last year when he lived with me, please i dont want my son to hate me but i worry about his well being.

Dear Broken down,

Since your children lived in Michigan for the past 7 months, Michigan is their "home state" and you have the right to have custody and parenting time decided here. Call me tomorrow and we'll discuss this.

Jeanne M Hannah
231-275-5600

My ex wife has physical custody of our two children. Approx. two years ago, she wanted to move from Michigan to Utah with the children, which I agreed , and signed off the okay. I did this knowing I was moving to Utah also, to be with my children and continue my parenting with them, which I did. Approx. 7 months ago, my ex moved back to Michigan, and established a residence, enrolled the kids in school. I also moved back to Michigan. Just today, I learned that my ex quit her job in Michigan, and moved back to Utah 3 days ago, taking my children. I cant afford to follow, nor would I have agreed to this again. I feel my parenting rights have just been stripped of me. Do I have any legal rights to bring my kids back to Michigan?

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