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« Depositions | Helpful tool in some divorces cases | Main | Divorce & Civility | Part III »


Jeanne M Hannah

Sgt. Kerr,

I agree with your comments. If contested, jurisdiction over child custody - but no other issues - will be where the children live. Since this leads to expensive litigation, most people choose to resolve the issues as did you and your former spouse -- by consent.

However, in terms of enforcement -- that's a whole separate issue. If you are having enforcement problems, please telephone me to talk about them. I can point you in the right direction so that you will be able to enforce a Michigan Order no matter where you reside.

The beauty of the Uniform Child Custody Jurisdiction and ENFORCEMENT Act is that if the custodial parent refuses to comply with the parenting time provisions and the NCP has to file enforcement proceedings, the parent violating the order can be made to pay the reasonable costs, fees, and related expenses incurred by the other parent. This is usually a good deterrent to future violations.
Jeanne Hannah

Nathan J Kerr, Sergeant First Class, USA

I agree with what was written to an extent. I filed for a divorce in Michigan while stationed in Fort Hood, TX. I was later told that the legal place to file was Texas because of the interstate child rules that state the jurisdiction is where the kids currently live. I disputed this on the grounds that according to my military records, my "Home of Record" is Michigan. That is why I am able to keep a Michigan License, register and tag my vehicles there, vote, pay taxes, etc using my "home of record" address. During the census count, I am counted as one of the millions that live in Michigan.

It was eventually settled in my favor outside of court, but this is a tricky issue. However, if you are father in the military, you may be better off filing outside of Michigan since chances are you willo not have custody and Michigan is toothless in enforcing non-custodial parenting time etc.

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