Many people choose to do a do-it-yourself divorce. Sometimes it is a mutual decision and the divorce is quite simple. Perhaps the parties own no real estate, have no retirement accounts, have no minor children. That's really simple.
However, when the parties have minor children--where child custody, parenting time and child support are issues--that is a different situation. Major mistakes can be made by people--people with little education or even people with a college education. If real estate is involved--that's another problem. What about retirement plans? What if the mother has been a stay-at-home mom since the children were born? What if her background does not include any knowledge about retirements? Often, retirement benefits are the most valuable assets of the marriage.
And . . . what if Dad is really just lying to her . . . it's NOT a D.I.Y. divorce for him. He has a lawyer guiding him in the background. Mom has no lawyer. And Dad is very persuasive or devious. So Mom is in the DARK. Dad engages in emotional abuse and financial abuse to get his way. And the "dirty deed" is done. It's been done before, and it will be done again. Below is a redacted brief, actually filed in a court, with some hope that equity could prevail. See the last page . . . the Download is below the image.
Matthew, you will need permission from the Court because your order giving you sole legal and primary physical custody will say that you may not remove them (their residence) from the State of Michigan without the approval of the court.
Posted by: Jeanne M. Hannah | March 24, 2013 at 11:03 PM
Dear Jeanne M Hannah,
I have Sole legal and physical custody of my son. Do I need permission from the other parent to move out of the state of michigan?
Posted by: Matthew C, Hickman | March 18, 2013 at 07:03 PM
I used a similar case in my personal case. Powery V Wells which set forth some very simple questions that must be answered before granting any move even when under the 100 mile rule if it will have any effect on parenting time.
Posted by: joe jurecki | June 26, 2012 at 10:18 AM