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#226061 - 05/06/07 04:32 PM relocating out of state because of Mich. job loss
pd2007 Offline
recently joined

Registered: 05/06/07
Posts: 1
I'm a dad with full physical custody of my son.
Because of the poor job economy in Michigan, I'm forced to consider a job out of state. I'm guessing that many other parents from Michigan have moved regardless of the visiting parent's legal rights. I believe we can work out several long term visits, as a substitute. However, does anyone have legal advice before we commit to this move?

#226062 - 05/06/07 04:36 PM Re: relocating out of state because of Mich. job loss [Re: pd2007]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
Depending on what you CO says and state laws, you will have to notify the ex and/or the courts of your intention to move at least 30 to 60 days in advance. The ex can object to your wanting to relocate the child.
If you air your dirty linen in public, expect people to comment on the skid marks!

#226063 - 05/06/07 09:14 PM Re: relocating out of state because of Mich. job loss [Re: pd2007]
Relayer Offline
Carpal \'Tunnel

Registered: 03/13/07
Posts: 9506
Loc: Moorglade Mover
The ex can object (which is typicallly what happpens) and you could be forced to stay or give up the kids. Depends on what the CO says.

#226064 - 05/07/07 01:31 AM Re: relocating out of state because of Mich. job loss [Re: pd2007]
Debi Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 7157
It takes a lot to get a court to agree to a child relocating if the NCP fights it. You will take a big chance of either staying put or changing custody. Youcould leave the child with mom and go to where the job is.

No, I'm not saying that because you're a man. I'd say that to anyone wanting to relocate with a child.
When we were together, you said you'd die for me. Now, I think it's time you kept your promise.

#226065 - 05/07/07 03:10 AM Re: relocating out of state because of Mich. job loss [Re: Debi]
googledad Offline
Carpal \'Tunnel

Registered: 12/31/05
Posts: 10213
As you have sole custody , Michigan's 100 mile rule isn't in effect . Unless your ex agree's to the move you will have to prove the following to be allowed to move :
(1) Whether the parent's move has the capacity to improve the quality of life for both the child and the relocating parent. This does not address the issue of the non-moving parents quality of life.
(2) The degree to which each parent has complied with and utilized his or her time under the parenting time order, and whether the move is inspired by a desire to defeat or frustrate parenting time.
(3) The degree to which the court is satisfied that if the move is permitted it is possible to amend the parenting time schedule in a manner that will preserve and foster the relationship between the child and each parent and the likelihood that each parent will comply with the modified schedule.
(4) The extent to which the parent opposing the move is motivated by a desire to secure a financial advantage concerning child support. This is to prevent a parent from negotiating a lower support payment in exchange for agreeing to change a residence.
(5) Whether domestic violence was directed against or witnessed by the child.
Careful. We don't want to learn from this.

#226066 - 05/11/07 05:03 PM Re: relocating out of state because of Mich. job loss [Re: googledad]
CJC78 Offline
recently joined

Registered: 05/11/07
Posts: 6
Hi googledad, I'm a divorced mom of 1 child, with joint custody with myself being the conservator. My ex is allowed the typical every other weekend, as well as some holiday and summer time, though he only sees our child about 2-3 days every 4-6 weeks. We both live in TX. He moved out of our county, so that freed me to move anywhere in TX, but I am planning to marry a man in Boston, MA. Our divorce agreement states that I can only move out of TX if my ex is living out of TX at that time. What do you think my odds are of getting out of the state? Do you know the specific rules for TX? Thank you so much!

#226067 - 05/12/07 01:32 AM Re: relocating out of state because of Mich. job loss [Re: CJC78]
Buckeye Offline
Carpal \'Tunnel

Registered: 12/08/05
Posts: 7873
Loc: OH
I think your odds are very good to get out of the state. Taking your children is another matter.


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