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keepingme0810
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Reged: 08/09/11
Posts: 18
change of domicile
      #758987 - 08/09/11 06:08 PM

i have sole legal and sole physical custody of my 3 yr old daughter. Her father was never in her life until this year in april, he filed a motion for joint custody this may but was denied and he also filed for visitation which he was granted. The first month it was supervised, now he gets 3 days a week but no overnights. In 2009 when child support was ordered we both had a conference call with the judge because we both were in seperate states. But on my court order it says i am not allowed to move away from the state of michigan or more than 100 miles away. I did not recieve a copy of my court order because it has my old address on it(michigan address).
I am not currently back in the state of michigan both my daugthers' father and i have been back for two years now. I faxed a change of address form to the state of michigan back in 2009 stating that i resided in Kentucky at the time that is why we both had a conference call. But now that i am in the state of Michigan i was told i needed court permission to move. I filed a motion today to move because my husband has a job lined up in the state of Texas. I have been trying to come up with an agreement with my daughters' father so that we wont have to appear in court but he will not budge. I am so scared that i will lose this case and have to stay in michigan when i can prove my daughters' life will be better in another state. What all can i do about this situation?


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finz
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Reged: 06/17/08
Posts: 6462
Re: change of domicile [Re: keepingme0810]
      #758989 - 08/09/11 06:15 PM

Start with getting a copy of the actual court order.

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keepingme0810
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Re: change of domicile [Re: finz]
      #758990 - 08/09/11 06:21 PM

i have it already thats how i found out i had sole legal and physical custody.

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gr8Dad
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Re: change of domicile [Re: keepingme0810]
      #758991 - 08/09/11 06:49 PM

Okay, more is needed. Were you residing with the father, and how long ago did you move to Kentucky? In other words, was the father not in the picture by HIS choice, or did you relocate a long distance away?

Yes, now that you are back in Michigan, the order takes precedence. You cannot collect child support from a guy for a child, then jump all over the country with the kid, making PARENTING TIME (not visitation) very difficult to exercise.

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Why give a "senior" discount, they have had plenty of time to raise the money...


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keepingme0810
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Reged: 08/09/11
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Re: change of domicile [Re: gr8Dad]
      #758993 - 08/09/11 06:51 PM

no i wasnt residing with the father, i moved to kentucky in july of 2008. He wasnt in the picture by his choice, he moved to Wisconsin in january of 2008.

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gr8Dad
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Re: change of domicile [Re: keepingme0810]
      #758994 - 08/09/11 06:59 PM

Okay, you moved to Kentucky in July of 2008, which, if the child is three, was RIGHT about when she was born. If he moved to Wisconsin in January, the child had not been born yet.

How long has he been back in Michigan?

--------------------
Why give a "senior" discount, they have had plenty of time to raise the money...


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keepingme0810
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Reged: 08/09/11
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Re: change of domicile [Re: gr8Dad]
      #758996 - 08/09/11 07:10 PM

we've both been back in michigan for 2 years. Him in july 2009, me in September 2009

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gr8Dad
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Re: change of domicile [Re: keepingme0810]
      #758997 - 08/09/11 07:17 PM

Okay, so he is back in here life. What plan do you have for continuing this father daughter bonding while you live in Texas? Have you come up with a parenting plan? Extended visits? You will most likely have to pay for transportation a few times a year to get the child to Dad's house for parenting time, are you prepared to do that?

I guess what I am getting at is that you appear to be mainly concerned with YOUR lifestyle and what YOU want to do, with little concern for the child/parent realtionship that is burgeoning between him and her. You will be more likely to succeed in court if you have a plan in place.

--------------------
Why give a "senior" discount, they have had plenty of time to raise the money...


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keepingme0810
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Reged: 08/09/11
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Re: change of domicile [Re: gr8Dad]
      #758998 - 08/09/11 07:22 PM

he isnt in her life he filed for parenting time and he get supervised visitation by me on wednesdays for 3 hrs. The referee said my daughter isnt in a place to spend the night with him yet. I have tried to come up with parenting plans but he turns them all down.

My first option was 6 weeks during the summer and we rotate holiday breaks during the school year. I have also told him i would pay for her to get here and back. But he refused that also. He says he wants her for two weeks out of the month every month.


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gr8Dad
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Re: change of domicile [Re: keepingme0810]
      #759001 - 08/09/11 07:36 PM

He IS in her life. He is seeing her three days a week (per your ealier post), and is working his way up to full time parenting. Your desire to move to Texas should not override the fact that he has jumped through the hoops he was ordered to, now you appear to want to yank the floor out from under him.

"My first option was 6 weeks during the summer and we rotate holiday breaks during the school year. I have also told him i would pay for her to get here and back. But he refused that also. He says he wants her for two weeks out of the month every month."

Well, would YOU be willing to take 6 weeks in the summer and alternating school holidays?

--------------------
Why give a "senior" discount, they have had plenty of time to raise the money...


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