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Help with understanding child support Michigan

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  • Help with understanding child support Michigan

    I have a friend who pays child support for his child. He is in the Army in another state. The mother has custody of the child and moved out of stated without contacting the MI courts or the father of the child (my friend) The child recently reported, while visiting with his father, that his step father was also abusing him. My friend contacted CPS in the state the mother and child are now living in and the case was substantiated. My friend had his son in his care because of the CPS case, but the state in which my friend lives in made him give his son back to the mother and the abusing step father. My friend also pays child support. What kind of rights does he have to maintain contact with his child and how can the child be made to go back to an abusive household and what regulations does the mother have to follow when moving out of state as she did? Asking for any help possible. Thanks

  • #2
    Confused...

    The state you friend lives in should have no jurisdiction of this child. Am I currect in reading the state your friend is "stationed" in, made him return the child?
    Amateurs built the Ark, Professionals built the Titanic

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    • #3
      Yes, My friend lives in TX and TX court made him return the child to his mother and the abusing step father.

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      • #4
        I don't know alot about TX law but I don't see how they have any jurisdiction. As far as him being in the military, is he single? If he is, he has to present a Family Care Plan. It basically lays out who is responsible for the child in the event of his deployment or an emergency.

        One more question, did he have an order from the state of Michigan in regards to temporary custody being granted to him?
        Amateurs built the Ark, Professionals built the Titanic

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        • #5
          I don't think so. The son's mother had full custody and my friend would have his son on holidays, his birthday, and some during the summer. Now the mother has not allowed the son to have any contact with his father since she took him back. They were never married either.

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          • #6
            It sounds like your friend never had any legal custody arrangements. The mother was "allowing" him to have visitation with his son. Regardless, if the allegations are true, your friend needs to act.

            I would suggest he contact the CPS in the state where the child and mother live AGAIN. Tell him to make them aware that the child was returned. I would also tell him to pursue custody. He will have to pursue custody of the child in the child's resident state.

            If he is granted custody, without proving the mother negligent or abusive, he will have to return the child to the mother in event of a deployment. I know this because of my teen daughter wanting to live with her dad who is deploying soon. The attorney told me and the ex, that she had to remain with me until his return. Upon his return, if agreed on by both parties, she could live with him. And again, he will need a Family Care Plan drawn up for his unit.

            Mommyof4 is from TX and usually has some great advise and can find references in regards to TX law...hopefully she will come across this soon.
            Amateurs built the Ark, Professionals built the Titanic

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            • #7
              Thanks so much for your help.

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              • #8
                One more question. Would the child's resident state be MI still because the mother never contacted the court about her move, or would it be LA. Thanks

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                • #9
                  It's according to how long the child has been in MI.
                  Amateurs built the Ark, Professionals built the Titanic

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