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  1. #1
    Join Date
    Aug 2015
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    2

    Default How to Change Custody Jurisdiction After the Parents and Child Have Relocated

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

    The ex (CP) and I (NCP) were divorced in CA with 2 kids. Both parents and all children have lived in Michigan for the past 3 years. I want to file for joint physical and legal custody of the children and a laid out parenting plan. I've been told conflicting strategies from lawyers in both states. Michigan lawyers say that I have to ask the CA court to declare itself an "inconvenient forum" and to name Michigan as a the more appropriate forum to hear custody and visitation disputes before MI courts can do anything. No parties share a significant connection with CA and substantial evidence is no longer available there. Lawyers in CA claim the same.

    However, after researching the Michigan UCCJEA, I get the impression that I can file for a change of custody and visitation in Michigan because it can assume jurisdiction if it determines "that neither the child, nor a parent of the child, nor a person as a parent presently reside in the other (CA) state." (Michigan UCCJEA 722.1203). How can I file in MI to get the court to consider assuming jurisdiction? Would this automatically compel the MI court to contact CA about relinquishing jurisdiction?

    I have limited financial resources and don't want to waste my money on a lawyer in the wrong state, only to have to start over in another. So, what will my strategy be to accomplish this? Do I file in CA or MI? Which court do I go through to determine who can act on this?

  2. #2
    Join Date
    Mar 2013
    Posts
    17,797

    Default Re: How to Change Custody Jurisdiction After the Parents and Child Have Relocated

    Quote Quoting BrokenDad
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    However, after researching the Michigan UCCJEA, I get the impression that I can file for a change of custody and visitation in Michigan because it can assume jurisdiction if it determines "that neither the child, nor a parent of the child, nor a person as a parent presently reside in the other (CA) state." (Michigan UCCJEA 722.1203). How can I file in MI to get the court to consider assuming jurisdiction?
    How?

    You type up the appropriate petition, you file it with the court and serve a copy on your ex.

    Quote Quoting BrokenDad
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    Would this automatically compel the MI court to contact CA about relinquishing jurisdiction?
    Not automatically.

    The judge would have to review your petition, consider the grounds, and rule on it.

    Quote Quoting BrokenDad
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    I have limited financial resources and don't want to waste my money on a lawyer in the wrong state, only to have to start over in another. So, what will my strategy be to accomplish this? Do I file in CA or MI? Which court do I go through to determine who can act on this?
    Judging from the citation you posted, I don't think it would be a waste of money hiring a lawyer in Michigan specifically to file the petition in your local family court. Ought to be easy for him to say Yes, I'll do it or No, I won't.

  3. #3
    Join Date
    Aug 2015
    Posts
    2

    Default Re: How to Change Custody Jurisdiction After the Parents and Child Have Relocated

    Is that the course of action I should take? Go through MI and see what they rule on it first?

  4. #4
    Join Date
    Oct 2006
    Posts
    16,105

    Default Re: How to Change Custody Jurisdiction After the Parents and Child Have Relocated

    Quote Quoting BrokenDad
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    Is that the course of action I should take? Go through MI and see what they rule on it first?
    I would give it a shot. CA certainly isn't going to care since nobody lives there anymore and an MI judge might very well just take jurisdiction since everybody lives in MI.

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