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Jeanne M. Hannah

Leah, I am not aware of any legal basis for a change in county when the county in which the original action was filed was a "contiguous county"--meaning adjoining county.

Shontia

I am looking to change my case from Wayne to Oakland county Michigan. I am disabled, which my disability prevents me from driving long distances. From where I currently live it would take over an hour to get to the Wayne county FOC count. I have not found a form I can complete to submit considering my situation. Form 4033 states I can't change the county to a neighboring county. However, there is nothing available to accomdate the disabled. The other parent has not lived in Wayne county for over 5 yrs. I have not for 2 yrs. What can I do?

Jeanne M. Hannah

Micajun, whether you need to ask the court to approve a move to Florida depends upon what your most recent order said. Under Michigan law, if a parent has sole legal and sole physical custody, the parent is allowed to relocate beyond 100 miles. However, removing the child(ren) from the State of Michigan is still always subject to a court order.

It sounds as though you'd a a good chance of prevailing as long as the father still has the opportunity to enjoy the same kind of parenting time he has now (or something fairly similar). You might need to make a financial concession (share travel expenses, for example) to make that happen. If you agreed to do that, perhaps your ex-husband would agree to this move. Then it would be a simple matter of a consent order for the move.

micajun

I have a question I have not been able to find an answer. I currently live in Indiana. My child custody order is out of Michigan, where my divorce was finalized six years ago. I have sole physical and legal custody, but my ex-husband does have visitation. He is unable to work and is on social security, and therefore does not pay any child support. However, the children do receive a modest amount from social security monthly. I do work and moved to Indiana for new employment. The state allowed my move and my ex-husband agreed to the move. We have lived here for four years. I have been offered new employment in Florida which will provide my children with better benefits and me a higher wage. Do I have to again have permission of the court in Michigan to move from Indiana?

Thank you.

Leah Bailey

I have been divorced since 2006. We have 2 children who are now 12 & 17. My son was about to begin his senior year in high school when my ex decides to move 500 miles away, lives with his sister, her 3 kids and recently moved in his internet girlfriend and her kid. Now, he has been taking me to court 3 times in the past 4 months. The last issues were: (1) He stated my 17 yr old son was living with him, when he hadn't seen him in over a month; (2) He wanted child support & a parenting time schedule for our daughter. The Judge in my case (Michigan) allowed the decision of our son to move downstate with his father. I agreed as it seemed like my son really wanted to go and be around my ex's family. In turn I receive full physical custody of my daughter. We did not go over the 100-mile rule whatsoever. The fact remains, HE moves away, The kids and I get punished by me having to drive for a 1/2 day to meet him half way AND pay for my own gas. The kids have to ride in a car all day. It is just ridiculous and unfair. He has a place to stay up here if he chose to visit up here with the kids so they can attend their extracurricular activities and not have to travel. I do not have to pay him child support, but my will drop. The point is, I had to realize that it was extremely difficult to let me son go, but I love him so much and did not want to see him miserable and/or not stay up here and wonder what life would be like if he lived with his dad. He is a senior this year and I figure it was only one more year until he went away to college anyway. I still cry just about every day, but would never tell him that. Co-parenting is non-existent in my case. I hope one day it will change, but I am not betting on it. Despite all my animosity towards my ex, I gave him the best gift ever, custody of our son.

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