QUESTION

I need to get court permission to move out of state with children because their father wont agree to it?

Asked on Apr 17th, 2012 on Family Law - Michigan
More details to this question:
It was a domestic abuse situation, as a result I have no job. I am currently looking for employment and housing and transportation because I was kicked out. I have family in another state but my ex wont agree to me moving so I have to obtain it through the court. I don''t know how to do this or where to start even. I''ve contacted my state bar to find out about pro bono lawyers, but I was wondering what else if anything I can do.
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Business Divorce Litigation Attorney serving Houston, TX at Havins & Associates, PC
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You asked:  I need to get court permission to move out of state with children because their father wont agree to it?Additional Details:It was a domestic abuse situation, as a result I have no job. I am currently looking for employment and housing and transportation because I was kicked out. I have family in another state but my ex wont agree to me moving so I have to obtain it through the court. I don''t know how to do this or where to start even. I''ve contacted my state bar to find out about pro bono lawyers, but I was wondering what else if anything I can do. If there is a custody order entered with the Court, it would normally include a provision that prohibit a change of domicile without a court order.  Domicile is the state where the child resides.  That means that you cannot change the residence of the child without a court order, even if the father agrees.  If the father agrees, the two of you could enter a Stipulation and Order changing the child's domicile, which the Court would likely approve.  If the father does not agree, then you should file a motion with the court.  The Court will normally refer the issue to the Friend of the Court.  If either party objects to the findings of the Friend of the Court, that party can file an objection, which would be heard either by a Referee or a Judge.  The Court looks at following factors in determining whether to approve a change of domicile: Change Domicile Factors 1) It [the court] should consider the prospective advantages of the move in terms of its likely capacity for improving the general quality of life for both the custodial parent and the children. 2) It must evaluate the integrity of the motives of the custodial parent in seeking the move in order to determine whether the removal is inspired primarily by the desire to defeat or frustrate visitation by the noncustodial parent, and whether the custodial parent is likely to comply with the substitute visitation orders when she [or he] is no longer subject to the jurisdiction of the courts of this State. 3) It must likewise take into account the integrity of the noncustodial parent's motives in resisting the removal and consider the extent to which, if at all, the opposition is intended to secure a financial advantage in respect of continuing support obligations. 4) Finally, the court must be satisfied that there will be a realistic opportunity for visitation in lieu of the weekly pattern which can provide an adequate basis for preserving and fostering the parental relationship with the noncustodial parent if removal is allowed. While I strongly recommend that you hire an attorney, you could file this motion on your own.  You should go to the Circuit Court Clerk, and ask for the appropriate forms. Stu Shafer  
Answered on Apr 17th, 2012 at 1:13 PM

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