how do you establish custodialship of minor children?

Question

Been divorced for 4 years, I have joint legal and physical custody. Recently moved out of state, allowed ex to come along to help with transistion and to avoid getting permission from FOC. Ex still maintains legal address in MI while the children and I legal address is in MO, now to be more specfic back in MI I was told that she could establish full custodialship if she had kept the kids in a home for 3 months I am just curious if that applies to the father also. She has no income nor any type of residence.

Answer 1

If you can't work it out with your ex then the court will rule in favor of the mother unless you can prove her an unfit mother. Proving her an unfit mother is almost impossible unless you have a LOT of very good evidence of abuse.

Every court in every state will tell you that they will rule in the best interest of the children but they will be operating on the assumption that the mother's care is the best interest. Cases only go to trial in less than 1% of divorces so expect a judge to basically decide the first time you appear in court for the temporary hearing.

At the temporary hearing the judge will just choose to keep the children in the family home with the mother and move out the father. Then, down the road, the court will simply rule that the children have been with the mother and should stay there to avoid further disruption. Basically, you will already know the outcome from the temporary hearing. Any motions after that are a waste of time.

Answer 2

As in what? A divorce? Assigning custodialship to the children's grandparents or other adult? You have to give more information.

Answer 3

Are these your biological children? You need to get a family law attorney and take it to court.

Answer 4

Find out what it's going to take to get custody's.