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Can Friend of the Court Make Me Move if I Move Away from the Support Payer

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  • 09-18-2009, 07:30 PM
    allysonmarie123
    Can Friend of the Court Make Me Move if I Move Away from the Support Payer
    My question involves a child custody case from the State of: Michigan

    My daughter's father and I were never married. I have full custody and we have a child time agreement. He sees her every other weekend from 5pm Friday to 5pm Sunday. He also gets her Wednesdays 5:30pm to 7:30pm and a few other holiday deals.
  • 09-18-2009, 07:35 PM
    allysonmarie123
    Can Friend of the Court Make Me Move if I Move Away from the Support Payer
    My question involves a child custody case from the State of: Michigan

    My daughter's father and I were never married. I have full custody and we have a child time agreement. He sees her every other weekend from 5pm Friday to 5pm Sunday. He also gets her Wednesdays 5:30pm to 7:30pm. He is suppose to pick her up Friday and I am to pick her up Sunday.
    Since we had mediation and set this up I have moved 87 miles away. We have made it work with meeting half way at 7pm so its reasonable for both of us. And he just gave up his Wednesdays because it was impossible.
    I am now going to be moving to the U.P. I will be 481 miles away now. In the court papers I have it says I may not leave the state of Michigan without going to court. Is there anything he can do to stop me from making this move? Once I move can the courts make me move back?
  • 09-18-2009, 07:38 PM
    Baystategirl
    Re: Can F.o.t.c. Make Me Move if I Move Away from the Support Payer
    Quote:

    Quoting allysonmarie123
    View Post
    My question involves a child custody case from the State of: Michigan

    My daughter's father and I were never married. I have full custody and we have a child time agreement. He sees her every other weekend from 5pm Friday to 5pm Sunday. He also gets her Wednesdays 5:30pm to 7:30pm and a few other holiday deals.

    "Support Payer"? Do you mean the child's FATHER? No. They can't make YOU move back...But the child could be ordered back.You are required by state law to either have the NCP's written permission, or the courts consent to move the child out of jurisdiction.
  • 09-18-2009, 07:44 PM
    allysonmarie123
    Re: Can F.o.t.c. Make Me Move if I Move Away from the Support Payer
    I hit enter by mistake on this its only part. My our paperwork says that I can't move out of the State without permission. I am already 87.2 miles away
  • 09-18-2009, 07:51 PM
    Baystategirl
    Re: Can F.o.t.c. Make Me Move if I Move Away from the Support Payer
    Quote:

    Quoting allysonmarie123
    View Post
    I hit enter by mistake on this its only part. My our paperwork says that I can't move out of the State without permission. I am already 87.2 miles away

    If the court ORDER says you need permission from the FATHER and or the COURT, then that is what you need to do. And yes...They can FORCE the return of the child.

    Violating this order will place your primary custody in jeopardy. Along with your obvious disdain of the father by referring to him as "support payer". That has go to be one of the most repellent terms I have seen posted here.
  • 09-18-2009, 07:56 PM
    allysonmarie123
    Re: Can F.o.t.c. Make Me Move if I Move Away from the Support Payer
    I'm sorry you don't like that term gosh. I was just trying to sum up the question in one line instead of saying the parent that has no custody but pays child support. I'm pretty sure I referred to him as the father in the post. We get along I didn't mean it like sperm donor I think that's a lot worse. I put that on here to get my question answered not to be attacked.

    Quote:

    Quoting Baystategirl
    View Post
    If the court ORDER says you need permission from the FATHER and or the COURT, then that is what you need to do. And yes...They can FORCE the return of the child.

    Violating this order will place your primary custody in jeopardy. Along with your obvious disdain of the father by referring to him as "support payer". That has go to be one of the most repellent terms I have seen posted here.


    Well that's if I move out of state and I'm not so I guess I'm fine.
  • 09-18-2009, 08:18 PM
    jk
    Re: Can F.o.t.c. Make Me Move if I Move Away from the Support Payer
    Quote:

    Is there anything he can do to stop me from making this move? Once I move can the courts make me move back?
    no but the courts can prevent you from taking the child that far away. Even without that, they can require you to bear the additional costs and logistical problems caused by your move.

    It's up to the courts.
  • 09-18-2009, 08:25 PM
    allysonmarie123
    Re: Can F.o.t.c. Make Me Move if I Move Away from the Support Payer
    Quote:

    Quoting jk
    View Post
    no but the courts can prevent you from taking the child that far away. Even without that, they can require you to bear the additional costs and logistical problems caused by your move.

    It's up to the courts.

    Ok thanks so much
  • 09-18-2009, 10:19 PM
    Mr. Knowitall
    Re: Can F.o.t.c. Make Me Move if I Move Away from the Support Payer
    Baystategirl, the claim is that the judgment limits only moves to other states, while the proposed move is in-state (to the "upper peninsula").

    allysonmarie123, you sure you're not covered by the 100 mile move-away rule, MCL 722.31?
  • 09-20-2009, 03:34 PM
    allysonmarie123
    Re: Can F.o.t.c. Make Me Move if I Move Away from the Support Payer
    I'm pretty sure. I know I've heard that after 2004 that was suppose to be the rule and my daughter was born in 2005. But in our paperwork it says I can't move out of state. I was worried that if this is just an error that they can make me come back. I did call my child time mediator and she said that it says nothing in the our order about 100 miles. We will probably end up having to have another mediation I'm assuming since every other weekend is not feasible anymore.
  • 09-20-2009, 04:31 PM
    jk
    Re: Can F.o.t.c. Make Me Move if I Move Away from the Support Payer
    Quote:

    Quoting allysonmarie123
    View Post
    I'm pretty sure. I know I've heard that after 2004 that was suppose to be the rule and my daughter was born in 2005. But in our paperwork it says I can't move out of state. I was worried that if this is just an error that they can make me come back. I did call my child time mediator and she said that it says nothing in the our order about 100 miles. We will probably end up having to have another mediation I'm assuming since every other weekend is not feasible anymore.


    it doesn't have to say anything in your orders. Do you not understand the what Mr. K posted is state law? They do not have to include the laws for them to be effective. and that law was in effect back in jan 09 of 2001 as it is currently written so it appears it would be applicable.


    additionally, the NCP can file a motion with the courts to prevent you taking the child if they want. It doesn't mean it will be granted but since the law does provide a limit of 100 miles as a determining factor and you are exceeding that, by far, why would you believe it does not apply to you?
  • 09-20-2009, 08:24 PM
    allysonmarie123
    Re: Can Friend of the Court Make Me Move if I Move Away from the Support Payer
    because I asked our FOTC mediator and she said I could.

    " The judge ordered sole legal custody to one of the child's
    parents."

    This is what that law states. This is why I am confused. No judge ever decided custody we never went to court just mediation when she was 6 months old. He's not on the birth certificate, just signed a thing admiting paternity. I have full custody isn't that the same as Sole Legal???

    Quote:

    Quoting Mr. Knowitall
    View Post
    Baystategirl, the claim is that the judgment limits only moves to other states, while the proposed move is in-state (to the "upper peninsula").

    allysonmarie123, you sure you're not covered by the 100 mile move-away rule, MCL 722.31?

    What is sole legal custody? Maybe thats what I have?

    I'll know for sure Monday. Thanks so much for all your help
  • 09-20-2009, 08:58 PM
    jk
    Re: Can Friend of the Court Make Me Move if I Move Away from the Support Payer
    Quote:

    allysonmarie123;351976]because I asked our FOTC mediator and she said I could.
    that doesn't mean much (anything) if the law applies other that she was wrong. If you do have sole legal custody, that law does not apply but so far, you have not stated you have sole legal custody so until you know, that law may still apply.

    "
    Quote:

    The judge ordered sole legal custody to one of the child's
    parents.
    "legal custody means you have the right to make legal decisions regarding your child. Sole would mean you have all the cards concerning this.

    Quote:

    This is what that law states. This is why I am confused. No judge ever decided custody we never went to court just mediation when she was 6 months old.
    a judge would have signed off on the agreement. If it was agreed to, you do not always have to appear in front of a judge. The mediator (FOTC?) simply takes the agreement to the court, the judge (supposedly and presumably) reads it. If he agrees with it, he signs it; viola`, it's a court order.

    Quote:

    . I have full custody isn't that the same as Sole Legal???
    there is legal and physical custody. Either can be sole or shared. Your orders should have stated this quite clearly.


    as I said, even if the law does not apply, the father can file an objection to your move. Doesn't mean he will prevail in preventing the movement of the child though. Simply means he can object and if the courts do not see the move and beneficial to the child or it is a move to spite the other parent, the judge can order the child remain.

    Then, if the move is allowed, the father can seek a modification of the visitation schedule as well. The judge could place the bulk of the financial and logistical problems on you, if he feels it proper, especially since you are the one moving.
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