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Jeanne M. Hannah

Kevin, your case presents an unusual mix of federal, administrative and state court issues. I really don't have enough facts. However, from what you have said, I can express this opinion. Apparently, your children did not live in Illinois for at least 6 months prior to the time of the JAG tribunal. As a result, Illinois was not the children's "home state" for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act ["the UCCJEA"].

Any court order changing custody must be entered in compliance with the UCCJEA in order to be given "full faith and credit" by another state--in other words, to be "recognized" by another state.

From what you have said, it sounds as though you'll have to file a motion to modify the custody order of Illinois, presenting the same evidence that you presented in the dependency case.

The above said, perhaps a few more facts would help me. Here are a few questions:

1)In what state were the children living when you were going through the dependency hearing?

2) With whom were they living? [The other parent? Foster parents? A grandparent?]

3) From what you said, I assume there were some abuse and neglect charges against the children's mother. Please confirm.

4) Who has the children at this point in time? It sounds as though you went to Illinois to pick them up and law enforcement would not help you.

Kevin Hollis

What happens in the case of a Dependency Discharge from the military? This is an administrative order gathering both military and civilian input and evidence. It is only granted when the parent that is receiving the discharge is given sole custody due to the preponderance of further neglect of children if that person, the service member is not discharged. In my case I received this due to a permanent illness my wife had. Her parents and sister were incapable of caring for my 2 children and then they conspired and kidnapped my children 3 years after my discharge. The discharge would supersede since it was approved by a Federal tribunal the Administrative Court of JAG. Why will the State of Illinois not recognize an order given permanently for the care of my two children through the process of my discharge?

Jeanne M Hannah

D.B., Your question involves various legal issues, and would take a consultation to discuss. You may call my office to arrange a fee-based consultation if you wish. 231-275-5600

D.B. - michigan

My step daughter moved to CO to find work, she left her son with his father who left her for another women. Neither one of them has filed for divorce or legle seperation, so can my daughter who now has a job come and take her son to CO to live with her without getting in trouble with the law? The father in this case only works under the table jobs so really has no history of working.

Jeanne M Hannah

Hello Billy,

I would be happy to consult with you and to help you with the paperwork to do what you seek here . . . to opt out of the Friend of the Court. However, I would have to do this on a fee-based schedule. Please contact me by email to arrange a consultation. My email address is: jeannemhannah@charter.net

Jeanne M Hannah

Billy Bowman Jr.

My son's mother has requested that he come to stay the school year with me and my family. They moved from Michigan in April of last year to Arizona but Michigan was still receiving the child support payments from my check every week. The mother said she has NEVER gotten the full amount that comes out of my check deposited into her account every week but they catch it up at the end of the month. She has recently written the courts in Michigan that she no longer wants them to be in charge of this for several reasons, they don't live there anymore and she feels like they made her do this when she was fine getting the payments directly from me each week. They sent she and I a letter stating that they needed copies of our financial forms, check stubs, etc. to update the reviews but why do they need that when she has sent a letter stating she doesn't want them involved any longer? What are our rights here? It's almost like they are determined to keep this in their control and they don't care what's best for our son.

MEL

I NON CUSTODIAL PARENT NOW LIVE IN TEXAS. MY EX LIVES IN MICHIGAN. WITH COURTS APPROVAL AND NEW PARENTING ORDER GRANTED TO ME WHEN I MOVED 16 MTHS AGO TO TEXAS I WAS AWARDED PARENTING TIME OF TWO CHILDREN DURING CHRISTMAS SPRING BREAK THANKSGIVING AND 8 WEEKS IN SUMMER TIME. MY EX IS USING THE KIDS TO TAKE AWAY MY PARETNING TIME. HE TELLS ME THAT MY RELATIONSHIP WITH MY 15 YR SON IS STRAINED BECAUSE I HAVE HOUSE RULES HE MUST FOLLOW AND THAT I WONT LET 15 YR STAY WITH HIM DURING SUMMERTIME. 15 YR OLD LIKES TO COME DOWN ENJOYS HIMSELF BUT WHEN I SAY NO TO SOMETHING HE GOES RUNNING TO DAD TELLING DAD HE IS NEVER COMING BACK. DAD ALLOWS 15 YR THIS SUMMER TO MAKE THE CALL RATHER HE WANTED TO GET ON PLANE AND COME TO MOMS FOR SUMMER. 15 YR OLD OPT NOT TO UNLESS I AGREED TO A 600.00 GYM MEMEBERSHIP. NOW I HAVE FILED A PARENTING COMPLAINT AGAIN DAD (WHICH IS SECOND ONE IN PAST 15 MTHS.) WILL THE JUDGE SAY ITS OK FOR A 15 YR TO MAKE THE PARENTING SCHEDULE OR NOT COME IF HE DOESNT WANT TO? DONT I HAVE ANY RIGHTS?

Jeanne M Hannah

Hello Steve,

Because your child and her mother live in Tennessee, if you also move to TN then Michigan will very likely (as in 99.9%) lose and/or refuse to exercise jurisdiction in your custody/parenting time case.

Once both parents and the child leave the state that has issued the initial child custody determination, then the issuing state no longer has contining exclusive jurisdiction. The other state, in your case Tennessee, then can make its own determination to take jurisdiction. In my experience, family courts are overwhelmed with work and I haven't yet seen one that was asked to terminate its jurisdiction refuse to do so.

The important thing to remember here, though, is that it isn't just that Michigan CAN terminate its jurisdiction. Tennessee may, without consulting with the Michigan court, assume jurisdiction once no parent and no child remains in Michigan. You really have no recourse -- meaning that your argument that Tennessee is an inconvenient forum will not be persuasive. And moving back to Michigan will not revive Michigan's jurisdiction.

Jeanne M Hannah

Steve Alderman

Another facet to be considered by the courts, in my understanding, is convenience of evidence. In my case, Michigan currently retains continuing modification jurisdiction, as I still live here. My Daughter and her Mother both live in Tennessee.

If the time comes to where I move to Tennessee, Mother will likely attempt to change forums, against my wishes. Do I have a leg to stand on with my argument that the forum is not convenient to the evidence?

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