Tuesday, October 25, 2011

Change of domicile in custody case?

I live in Michigan and here in this great and wonderful state if you have a child (previously married or not) and even if you have SOLE LEGAL AND PHYSICAL custody of the minor child and the father does not pay any type of support or do anything for the child, you still need permission from the court to move more than 100 miles away or out of state. My fiancee and I are currently in a long distance relationship and it makes more sense for me to move, he has an excellent job, a house, and everything...Just need to know if anyone has any tips on how to ensure or at least make my chances at getting a change of domicile easier. I can prove we would be better off, im already applying for jobs I have an associates degree and feel it would be very beneficial for us to move but am scared I will get told no...any tips or experience?Change of domicile in custody case?Hi Darcey...



Don't panic...it's not as bad as it may appear....!



You failed to say if the bio-dad has visitation rights as that is an important consideration in the court...



The law is more concerned for the child than of you, remember that...



I would suggest you re-hire the lawyer that handled your divorce as he / she is already entirely familiar with your lifestyle and circunstances surrounding it...



All you have to do is to prove to the court that relocation is beneficial for the future wellbeing of the child by providing a father influence and a more loving and secure home...



If the bio-dad is fulfilling any visitation priviledges at present then the visitations will have to be re-negotiated and approved by the court...



In most cases, if relocation is about 100 miles the visitations will be half that distance and you can request supervised visitations. That means you can request to be present at any time the bio-dad visits. You will meet at the half distance point at a public place where others are around...



If the distance is so far that driving is impractible then other arrangements for visitations can be arranged...



When you face the court it would be good if your fiance is at your side with both of you wearing your Sunday-go-meeting clothes as this will reflect highly upon first impressions the judge will be watching for...



Good luck, Darcey, and CONGRATULATIONS...!Change of domicile in custody case?Will the father agree to you taking the child and moving? If he does I dont know why a court would not let you. The only case I know of is in Minn. and the father is involved in the childs life and stopped the mother from moving.Change of domicile in custody case?If you have legal %26amp; physical custody of that child, then you will have to tell the father and a lawyer and probably go to court and get the papers signed so you can move. If your ex is agreeable with any visitation then you won't go to court, he'll just sign papers for his visitation. The judge will more than likely let you leave the state.