Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Jurisdiction and custody advice sought

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Jurisdiction and custody advice sought

    Good afternoon,

    I am the father of 2 children whom were born in Michigan and lived here all of their lives (they are 2 1/2 and 1). When my ex fiancé (never married) and I split up we shared custody until she left to peruse another relationship in VA. She left the children with me for approximately 3 months at which point she came back to try and work things out and to be with her children. She left 2 weeks later, again leaving the children with me. After 3 more months and getting married in VA she left her husband to try and be with her children again, this time living at her mothers. Two weeks later she packed up the children’s clothing and drove them to VA.

    I was served with court papers over the weekend from her.

    As far as jurisdiction goes; the facts are that:

    The children were born in Michigan.

    They have been in my lone care for 7 months prior to her taking them.

    All of their family members (grandparents, aunts, uncles, half brother) lives down here, and that they have no family down there besides their mother.

    Will I need to hire a lawyer down there to fight for a change of jurisdiction, or can a lawyer file a motion in the Michigan courts for a change of jurisdiction?

    Any help would be appreciated. Thanks in advance.

  • #2
    A lawyer in Michigan can petition for the change of jurisdiction. The problem you're facing is that IF the mother has established residency in VA (check, just to be sure. My husband's ex filed for divorce in MI, but was short of the 6 months by 7 weeks, therefore negating the petition) she also has the children there. Typically, jurisdiction goes where the kids are. But, it's worth a shot.
    HOOK 'EM HORNS!!!
    How do you catch a very rare rabbit?
    (unique up on him)
    How do catch an ordinary rabbit?
    (same way)

    Comment


    • #3
      Originally posted by anti123
      Good afternoon,

      I am the father of 2 children whom were born in Michigan and lived here all of their lives (they are 2 1/2 and 1). When my ex fiancé (never married) and I split up we shared custody until she left to peruse another relationship in VA. She left the children with me for approximately 3 months at which point she came back to try and work things out and to be with her children. She left 2 weeks later, again leaving the children with me. After 3 more months and getting married in VA she left her husband to try and be with her children again, this time living at her mothers. Two weeks later she packed up the children’s clothing and drove them to VA.

      I was served with court papers over the weekend from her.

      As far as jurisdiction goes; the facts are that:

      The children were born in Michigan.

      They have been in my lone care for 7 months prior to her taking them.

      All of their family members (grandparents, aunts, uncles, half brother) lives down here, and that they have no family down there besides their mother.

      Will I need to hire a lawyer down there to fight for a change of jurisdiction, or can a lawyer file a motion in the Michigan courts for a change of jurisdiction?

      Any help would be appreciated. Thanks in advance.
      she was supposed to notify you before taking them, get a lawyer she has to bring them back

      if the current shared order is in michigan then thats where jurisdiction is. she was not supposed to move with the kids without the courts permission.
      here is some info:

      What about relocating the children?
      This discussion pertains to long distance relocation, or relocation across state lines, or out of the court's jurisdiction. Moving within a close radius (usually less than 50 miles) is generally allowed, unless specifically prohibited in the custody decree.

      Move away child custody cases are among the most complex, time-consuming, and expensive types of custody cases. These are truly examined on a case by case basis, and most often require a hearing, or trial, if the parents do not agree. While the possibilities and permutations are too numerous to detail without specific information, there are some basic guidelines to consider. Either parent is allowed to move WITHOUT the children at any time. Either parent is allowed to relinquish custody to the other parent to facilitate their own move. Neither parent is allowed to move the children WITHOUT the consent of the other parent, or a court decree. If the parents cannot agree, then it mostly boils down to a four-part test that the courts will consider in their decision.

      Comment


      • #4
        Thanks for the feedback.

        There is no order for custody established, that is why I was served over the weekend. However, I found out that my lawyer was able to serve her before I was served so it still comes down to a question of what court has jurisdiction in this case, MI or VA. I would hate to have to fly or drive down there when she is the one who took the kids out of thier home state.

        Comment


        • #5
          Originally posted by anti123
          Thanks for the feedback.

          There is no order for custody established, that is why I was served over the weekend. However, I found out that my lawyer was able to serve her before I was served so it still comes down to a question of what court has jurisdiction in this case, MI or VA. I would hate to have to fly or drive down there when she is the one who took the kids out of thier home state.
          i am almost 100% its MI, post what happens. good luck

          Comment

          The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
          Working...
          X