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  1. #1
    Join Date
    Feb 2011
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    2

    Question What Are My Chances Change of Domicile and Counter Change of Custody Case

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

    I have been divorced for 2 years. I have sole physical custody of my 3 children, ages 15, 13, & 11, & joint legal custody. I just remarried & filed a motion for change of domicile, & my ex countered to change physical custody over to him. Iím trying to move 106 miles away into Indiana, so it's possible to keep the same alternate weekend visitation schedule that he has now. He also gets 1/2 the summer & 1/2 Christmas Break & every other Spring Break. He has a right to a Wednesday visit, but he just started exercising those when he found out I was going to file a motion for change of domicile. He only took 4 Wednesday visits all last schoolyear. What are my chances of getting the move approved & keeping custody of the kids? My oldest wants to stay in MI, my middle son is confused, & my youngest definitely wants to be with me.

    There are a couple of other things that I'd like to mention. My ex was very controlling and still is. For example, we discussed driver's training for my oldest, and I said that I was waiting until I find out what's happening with our change of domicile. He didn't like that, and so he went behind my back and set up driver's training for my son and then just showed up on my doorstep and announced that that's what was going to happen. And obviously it was during my parenting time.

    My ex also does something that disturbs me, and that is that he sleeps in my boys' room in the same bed as my 13 yr old son. The boys have bunkbeds, and the full-size on the bottom is my 13-yr-old's, but my ex doesn't own a bed, so he sleeps in there with my son everytime the children are there. Also, my ex is very money-conscious. For example, he has asked me several times to not ever get him reviewed for child support, and he has told me that he pays my salary (child support), so I work for him, and I'll do what he whats, when he wants. He also will not purchase even small things for the children that they need when they're there, like lead for their pencils if they run out. My ex is not happy that I remarried and there is another man in our children's lives. What are my chances of being able to move? And, what do you think my chances are of keeping custody of the children, even though 1 of them (maybe 2) wants to stay in Michigan? Thank you!

  2. #2
    Join Date
    Sep 2009
    Location
    Minneapolis/St. Paul area
    Posts
    497

    Default Re: What Are My Chances Change of Domicile and Counter Change of Custody Case

    I think the answer will depend upon your reasons for moving - specifically, how will this move benefit the kids? Why is taking them 106 miles away from their father, their community, etc. the best move for them? Also, your answer will probably depend upon how you are willing to compensate your ex for extra transportation costs and lost time. Even though he just started using his Wednesday visitations, the move you are describing will make those impossible. Therefore, many courts may not see it as unreasonable that he should get additional time with the children (in the summer, perhaps) as compensation for that lost time. And many may order you to cover his transportation costs, since your move would create the need for additional expenditures.
    Did you propose a plan that incorporates these concepts with your request to move?

  3. #3
    Join Date
    Feb 2011
    Posts
    2

    Default Re: What Are My Chances Change of Domicile and Counter Change of Custody Case

    Quote Quoting NdK1009
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    I think the answer will depend upon your reasons for moving - specifically, how will this move benefit the kids? Why is taking them 106 miles away from their father, their community, etc. the best move for them? Also, your answer will probably depend upon how you are willing to compensate your ex for extra transportation costs and lost time. Even though he just started using his Wednesday visitations, the move you are describing will make those impossible. Therefore, many courts may not see it as unreasonable that he should get additional time with the children (in the summer, perhaps) as compensation for that lost time. And many may order you to cover his transportation costs, since your move would create the need for additional expenditures.
    Did you propose a plan that incorporates these concepts with your request to move?
    My reason for moving is that I just remarried, and my husband lives in Indiana and has a very good job there with pension, seniority, & benefits that he's held for over 15 years. It would be very foolish for him to try to come to Michigan and quit that job. It's quite hard to find work here. I am unemployed here in Michigan, as I was laid off from my job and have been unable to find other work. My children's lives would be greatly improved with the move because they would be in a 2-parent family unit again, and our financial situation and living conditions would be so much better than they are here. The schools in my husband's town are very highly rated, as well, so I know that they would be going into a good educational situation. And, there is so much to do over there. It's Northwest Indiana and not too far from Lake Michigan. The move isn't too far that my ex and I can't keep the same visitation schedule, other than the Wednesday nights, obviously. So, I did propose that visitation stay the same, and that he also have an additional week in the summer to make up for the difference with the Wednesdays. Also, my ex doesn't even live in our community. He lives about 35 minutes away from us in another county. So, for him to try to get custody of the children, they would still be out of their community, school, etc. What do you think the chances are of custody actually switching to him? I have always been the primary caregiver for my children.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: What Are My Chances Change of Domicile and Counter Change of Custody Case

    You need to speak to an attorney. The new spouse's job is less likely to convince the court to allow the kids to be removed from jurisdiction; the fact that the move is around 100 miles though might be in your favor. The kids' wishes will likely be heard too.

    Honestly - nobody can guess how this one will be decided. I can see it going both ways.

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