Spouse moving out of state with child. 235-1970

TOPIC

A PARENT WANTS TO  MOVE OUT OF STATE. CAN THIS PARENT MOVE AND WHAT IS THE IMPACT ON CUSTODY PARENTING TIME AND CHILD SUPPORT?

HERE THE PARTIES HAVE JOINT LEGAL AND JOINT PHYSICAL CUSTODY IN A MICHIGAN ORDER.

Presented here by Terry Bankert  Flint / Genesee County MI Family Law Lawyer (810) 235-1970, www.attorneybankert.com.

FACT SITUATION

The mother desires/plans to move more than 100 miles to another state.

Father is opposed to the child moving. On its surface the issues are 

1. Change in domicile. 

2. Change in parenting time and effectively custody. 

How is father's position defended?

SUMMARY

In summary, in ruling on requests to modify previous judgments, or orders concerning custody, the court must consider three issues before modifying a custody order:

 

Has the petitioner carried the initial burden of establishing either “proper cause shown” or a “change of circumstances”?  Father will argue that Mother has not met her burden.

Is there an established custodial environment?  Father will argue that the established custodial environment is joint custody.

Is the modification in the best interests of the child? []MFL12] The best interest burden is clear and convincing evidence and will not be met. 

This requires an analysis of the best interests factors of MCL 722.23.Google and review .

 

Presented here by Terry Bankert  Flint / Genesee County MI Family Law Lawyer (810) 235-1970, www.attorneybankert.com

Sphere: Related Content