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Served with Divorce Papers

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  • 12-10-2005, 07:46 PM
    nitesquirrel213
    Served with Divorce Papers
    I have just been served divorce papers, I am CA and my spouse is in MI. I might not have a way back to MI. What will happen if I don't go back? He also filed a Temporary Child Custody thing, what will happen with that? We are suppose to go for Joint custody with him having primary custody. But if I don't go back what happens?
  • 12-10-2005, 07:49 PM
    aaron
    Divorce and Custody
    Where are the children now? How long have they lived there?
  • 12-10-2005, 08:37 PM
    nitesquirrel213
    The children are back in MI and have been there all of their lives.
    I don't want him to have primary custody because he works out of town all week and the children stay with his family. He only sees them Friday and Saturday and part of Sunday. But because he makes the money and I don't, will they grant him custody? If they came to be with me I dont have money but i could get assistance until i find a job. My point is will the judge see it more fit to give me primary custody since i would be there with them more, whether or not i am able to get back to Michigan?
  • 12-10-2005, 09:38 PM
    aaron
    Custody in Michigan
    If you don't appear in the Michigan court, and are defaulted, it is likely that the court will grant the final custody judgment that your husband requests.
  • 12-12-2005, 05:09 AM
    nitesquirrel213
    I have one more question. My husband put me thru so much emotional and verbal abuse over our 17 year marriage and towards the end even became physical in front of our 2 children and once in front of his mom. Since he has already filed and never mentioned this to his lawyer, how can I go about pressing the issue against him? There are even rumors that i abused our children and didn't feed them, what can i do about that? Keep in mind that i am in California and at this time unable to get back to Michigan. I am not a resident, can i get legal help here in CA?
  • 12-12-2005, 07:10 AM
    aaron
    Custody litigation in Michigan
    To make your case you need to answer the complaint, raise appropriate allegations in your pleadings and through the evidence, and appear in court as necessary. If you don't hire a lawyer and don't find a way to go back to Michigan as necessary, you won't be able to make your case.
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