QUESTION
Can the father take the mother back to court to have her move back to Michigan?
Asked on Jul 08th, 2013 on Family Law - Michigan
More details to this question:
My boyfriend was deployed overseas while in the middle of a divorce. The mother wanted to relocate the daughter to Virginia (while still overseas), where only the grandmother and step grandfather of the child resides. He fought for her to stay here, but the courts let her take the child to Virginia. He pays child support and only gets to see his daughter 7 weeks out of the year. He is not an abusive father; even the mother praises him as a father. That being said, it is obviously extremely hard on him to be away from his daughter, as it is on the family here in Michigan as well. He is responsible for $400/monthly and getting her to and from Virginia.
2 ANSWERS
Municipal Law Attorney serving Paw Paw, MI
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Mark A. Manning, P.C.
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Yes theoretically child custody including parenting time is an issue that can always be raised. With that being said once the custody parenting time is established it requires a higher burden of proof to show a material change in circumstances to modify the prevailing court order. Assuming your boyfriend is back in the States and mom has had custody and the child enrolled in school etc in Virginia at best he would be looking at approximately one week during the Christmas break, the spring school break and a big chunk of the summer
Answered on Jul 11th, 2013 at 10:57 AM
Dennis P. Mikko
Since the Court allowed her to move, it will be difficult to force her to move back. Your boyfriend may want to speak with an attorney regarding all of the factors of this case. Depending on the facts, he may be able to seek more parenting time and/or a change in custody.
Answered on Jul 11th, 2013 at 10:56 AM