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  1. #1
    Join Date
    Mar 2014
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    1

    Default Leaving the State with No Custody Established

    My question involves a child custody case from the State of: Michigan

    I am trying to move to Colorado where my family is. I also have better job opportunities there. My daughters father is saying he isn't going to allow me to leave the state with her. We have no custody agreements or child support set up through the court.

    My question is, what are my options and how do I go about being able to legally leave the state with her. She is majority with me, see's him sometimes every weekend but mostly every other weekend for one day or two days.

    He has multiple MIP's, a malicious destruction of property, and he got a pulled over two years ago for drunk driving with her in the car but the case isnt closed. When I call they say the case is still open, but i can obtain a police report. I don't understand how a two year old DUI/Child endangerment case can still be open. Seems pretty cut and dry to me. He also spent 3 weeks in a mental hospital in this past year for trying to commit suicide.

    Can somebody please tell me what I need to do to take me and my daughter to a better place??? thanks

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,278

    Default Re: Leaving the State with No Custody Established

    The law says you can leave with your daughter.

    But Dad can then rush to court in Michigan and you'll (probably) end up having to go to and forth for hearings.

    His criminal record isn't really relevant in as much as nothing is recent and you've evidently been allowing standard visitation (it goes like this: Either he's a danger and you're in the wrong for letting him take the child unsupervised, or he's not a danger and therefore it's not something you can really use against him).

    Michigan does have a presumption against relocation; if Dad fights you're going to need to convince the court that whatever the other state can offer trumps the ongoing relationship with her other parent.
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  3. #3
    Join Date
    Oct 2006
    Posts
    5,905

    Default Re: Leaving the State with No Custody Established

    Quote Quoting Dogmatique
    View Post
    The law says you can leave with your daughter.

    But Dad can then rush to court in Michigan and you'll (probably) end up having to go to and forth for hearings.

    His criminal record isn't really relevant in as much as nothing is recent and you've evidently been allowing standard visitation (it goes like this: Either he's a danger and you're in the wrong for letting him take the child unsupervised, or he's not a danger and therefore it's not something you can really use against him).

    Michigan does have a presumption against relocation; if Dad fights you're going to need to convince the court that whatever the other state can offer trumps the ongoing relationship with her other parent.
    While I do agree with you, that three weeks in a mental hospital after a suicide threat would make dad's suitability for custody questionable at best.

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