Interstate Child Custody Problem

[Hermes]

I am the father of a child that I have recently located in Michigan. The mother obtained a restraining order four years ago in California, then disappeared with our child. I was never served with a copy, and had just moved to Arkansas at the time. I contacted the California court and they say the restraining order has now expired.

My state says it doesn't have jurisdiction to enforce visitation. California says it doesn't have jurisdiction because the child hasn't lived there for more than six months.

I am afraid that the mother will disappear again. She has just filed for divorce.

[Anonymous]

If I understand correctly, you were not previously divorced and the mother has recently filed for divorce (and custody) in Michigan. Please let me know if this impression is incorrect.

Michigan courts usually issue temporary orders in custody cases prohibiting the removal of the child from the jurisdiction without court approval. Even if she were to flee the state, the Michigan court before which the divorce is pending would be able to issue a custody ruling, taking her flight into consideration.