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  1. #1
    Join Date
    Aug 2005
    Location
    MI
    Posts
    9

    Default Can You Modify Joint Custody to Sole Physical and Legal Custody

    In what circumstances would a court review an existing court order awarding both parents joint legal and physical custody and look at awarding one parent sole legal and physical custody?
    My circumstances: I have joint legal and physical custody with my ex-husband. He has moved (literally) out of the picture, to the other side of the continent (he did not notify me of new address), has not seen child in over a year (child is 4) does not pay support (currently being found in contempt for this), does not phone, is not involved in any of the decision making process. I have resided in the same location, same house since the split and divorce and provide solely for the child.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Obtaining Sole Custody

    It sounds like it isn't necessary to go to court, given that your ex- isn't exercising parenting time. In Michigan, some counties restrict how often you revisit custody issues; but under statute you can revisit custody if there is a change in circumstances sufficient to justify the court's revisiting the issue. Total abandonment by a parent would probably meet that threshold.

  3. #3
    Join Date
    Aug 2005
    Location
    MI
    Posts
    9

    Default

    It's my understanding that because it's joint legal and physical in Michigan if I move more than 100 miles I need to receive the courts permission, Correct? And that would entail lawyer fees and going to court. . If I have to go to court anyways (because it looks like a job over 100 miles away) I might as well go for sole so I don't have to go if I ever need to move. My biggest concern is if something happened to me what would happen to my child, and I have a will drawn up and signed specifying my wishes but I worry it's not enough. Wouldn't there be more benefits, in terms of less time in court in the future, if I request sole legal and physical? My ex is "spontaneous" especially when he has a girlfriend he wants to impress, I am concerned he would show up out of the blue and begin demanding his rights.
    Rereading this it seems disjointed, sorry. But there are many angles I am considering.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Petitioning to Move

    Try contacting your Friend of the Court office and see if they can handle a petition to relocate through a FOC proceeding. If they can handle it, given that your ex- probably won't appear, you can do that yourself and it will be a lot easier than bringing a motion. You can of course handle a matter before the judge on your own, as well, but it can be a bit tricky to get the right paperwork filed.

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