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  1. #1
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    Dec 2010
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    Default Moving Out of State

    My question involves a child custody case from the State of: Michigan. I have sole legal and physical custody of my 3 children. Their father only has supervised visitation right now. Would the judge allow me and my new husband to move out of state? If so what kind of proof do I need to provide to the courts?

  2. #2

    Default Re: Moving Out of State

    The court can't prevent you and hubby from leaving, but may or may not allow the child to go. No one can predict if the court will find your reasons for wanting to leave outweigh the reasons the father may want the child to stay. It would need to be proven to the satisfaction of the court that the moving is in the CHILD's best interest. That typically includes that you make arrangements such that dad's time with his child is facilitated (ie be ready to pay for dad to travel to see the child).

  3. #3
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    Dec 2010
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    Default Re: Moving Out of State

    Thank you so much for answering my question. If my husband were to get a better paying job in another state, would that constitute best interest of the children? I planned on doing research to find what doctor they would see, schools they would attend, etc. But what about the supervised visit thing? My court case would be transferred to whatever state we move to right? So I would also have to do research as to what that state does about supervised parenting time, and I would have to pay for the child's father to be flown or driven to whatever state we move to?

  4. #4
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    Apr 2009
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    Default Re: Moving Out of State

    Quote Quoting msdaily
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    Thank you so much for answering my question. If my husband were to get a better paying job in another state, would that constitute best interest of the children?

    Generally no. Your husband is considered a legal stranger; what is best for you and him does not necessarily constitute what is best for the children.


    I planned on doing research to find what doctor they would see, schools they would attend, etc. But what about the supervised visit thing? My court case would be transferred to whatever state we move to right? So I would also have to do research as to what that state does about supervised parenting time, and I would have to pay for the child's father to be flown or driven to whatever state we move to?

    WHY does Dad have supervised visitation?

    It may make a huge difference...

  5. #5
    Join Date
    Dec 2010
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    Default Re: Moving Out of State

    Thank you for replying to my questions. If my husband were to get a job in another state making $20 an hour I would think that that would be in the best interest of the children since he's the only one who works and the only one providing for the children. My ex only has to pay $174 a month in child support, which i have yet to receive. Our housing cost are substantially higher than that, and we live in a 2 bdrm apartment and have 3 children. If he (my husband) were to get a higher paying job somewhere else it would improve the living conditions of the children right? The biological father of the children has supervised visits b/c I requested them, due to the fact that my oldest child is seeing a therapist b/c of his behavioral issues due to the way his father treated him. His therapist has already stated that if my son starts to spend too much time with his father then it will set him back and cause his behavior to worsen again. I hope this helps

  6. #6
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    Apr 2009
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    Default Re: Moving Out of State

    Quote Quoting msdaily
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    Thank you for replying to my questions. If my husband were to get a job in another state making $20 an hour I would think that that would be in the best interest of the children since he's the only one who works and the only one providing for the children. My ex only has to pay $174 a month in child support, which i have yet to receive. Our housing cost are substantially higher than that, and we live in a 2 bdrm apartment and have 3 children. If he (my husband) were to get a higher paying job somewhere else it would improve the living conditions of the children right?

    I'm not sure I would go to court and argue this. You're choosing not to work - you could stay put and get a job and that would improve your financial status. That's likely how Dad would respond, and he would have a very valid point.

    Are you willing to offer Dad a very generous parenting plan and bear the cost of all transportation?

    The biological father of the children has supervised visits b/c I requested them, due to the fact that my oldest child is seeing a therapist b/c of his behavioral issues due to the way his father treated him. His therapist has already stated that if my son starts to spend too much time with his father then it will set him back and cause his behavior to worsen again. I hope this helps



    If I were you, I'd have a chat with a local attorney. The attorney will know how local judges tend to rule and will be able to guide you further.

  7. #7
    Join Date
    Sep 2009
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    Minneapolis/St. Paul area
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    Default Re: Moving Out of State

    Quote Quoting msdaily
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    The biological father of the children has supervised visits b/c I requested them, due to the fact that my oldest child is seeing a therapist b/c of his behavioral issues...
    Be prepared for your ex to use this against you as well. Moving a child that is in therapy may be disruptive to his treatment, if it doesn't negate his progress all together.

  8. #8
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    Apr 2009
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    Default Re: Moving Out of State

    Quote Quoting NdK1009
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    Be prepared for your ex to use this against you as well. Moving a child that is in therapy may be disruptive to his treatment, if it doesn't negate his progress all together.


    That is an excellent point!

  9. #9
    Join Date
    Dec 2010
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    Default Re: Moving Out of State

    Thank you everyone for all of your help, I really appreciate it!

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