Ok, I am pretty sure that I can...but I want to get some others' opinions. I have SOLE LEGAL and PHYSICAL custody of my 2 1/2 year old son. His father and I lived more than 100 miles apart when the court order went thru and he does not use his visitation rights (which are set as the parties agree).
My court order states this: “A parent whose custody or parenting time of a child is governed by this order shall not change the legal residence of the child except in compliance with section 11 of the “Child Custody Act of 1970”, 1970 PA 91, MCL 722.31.”.
Here is a link to that custody act, if i am reading right then i am ok, right???
(it is a pdf)
www.mcadsv.org/mrcdsv/law/Child%20Custody%20Act.pdf
thanks!!!
- Jamie
2007-07-21 13:48:10 · 11 answers · asked by decmom1504 2 in Politics & Government ➔ Law & Ethics
He cant get me for kidnapping because i have FULL custody, and its at the bottom of the pdf. I live in MI...
2007-07-21 13:58:44 · update #1
Your link posted as text instead of a link. I can't cut and paste it to the address bar because it is not complete. I did find the act through a different link. I appears you should be able to move in the situation you describe. If the father has no objections, his consent (in writing to prevent misunderstanding) is sufficient to permit the move. If that is a problem, the court can allow the move if they believe it is not motivated by an attempt to defeat or frustrate visitation rights. That does not seem to be an issue in your case.
2007-07-21 15:13:20 · answer #1 · answered by STEVEN F 7 · 0⤊ 0⤋
Yes you can move out of state, but you must first notify the court of jurisdiction of the proposed move, because often it will change the visitation of the non custodial parent. You will most likely be responsible for paying for or providing transportation for the child to see the non custodial parent. The visitation times will also be extended, such as spring break, a month in the summer, and every other Christmas break.
2007-07-21 14:10:22 · answer #2 · answered by danielss429 4 · 1⤊ 0⤋
If you went to court over this then you will need to check with your lawyer. This counceling shoudn't cost you and, if so, not very much. It's best to find out just where you stand before making any kind of commitment.
This is no place to get the answers you need. You don't want to enter any housing contract only to find out that you can't move out of state and into that apartment or home. In some cases this could cost you plenty to break the contract.
Good Luck
2007-07-21 13:55:47 · answer #3 · answered by pj m 7 · 3⤊ 0⤋
as long as you have FULL custody of the children you are free to go where ever you like although the father has the right to protest and could even take you to court claiming he cant see them due to where you are living but he wont win.
2007-07-21 14:01:27 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I'm sure you can make it look good weather it's proper or not, but as long as you are in compliance with state law it should be OK.
2007-07-21 14:01:58 · answer #5 · answered by Anonymous · 0⤊ 0⤋
More than likely you won't have a problem, but I would talk to him and get it in writing non the less. He could get your for kidnapping. Better to be safe than sorry.
2007-07-21 13:54:20 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Talk with him first. If he agrees, get him to put his agreement in writing, just to be safe. If he doesn't agree, talk with the courts and see what you can do
2007-07-21 13:58:24 · answer #7 · answered by Christina W 2 · 1⤊ 0⤋
You better be careful. In NY you can only leave the state for job opportunities.
2007-07-21 13:53:41 · answer #8 · answered by fionabtoo 4 · 0⤊ 0⤋
you could yet I advise you get an order of custody from the courtroom because of the fact if the daddy of the youngster needs he can record for custody and which will save you from taking the youngster out of the county you reside in.
2016-09-30 10:56:24 · answer #9 · answered by ? 4 · 0⤊ 0⤋
As I read it you are okay to move. . . but I am not 100% certain. If you don't anticipate him objecting I would get his agreement to be on the safe side.
And please, please don't rely on Y/A, running by your atty. It will save you money in the long run.
2007-07-21 14:07:36 · answer #10 · answered by Anonymous · 0⤊ 0⤋