QUESTION
If I move out of state, can my ex refuse court ordered parenting time?
Asked on Nov 04th, 2014 on Child Custody - Michigan
More details to this question:
I lived in Michigan where a court order was created for joint legal and joint physical custody. Last year, I moved to Pennsylvania and my son's mother consented to him moving through text. At that time, I was unaware that a specific form needed to be filled out, but we continued our 2 week on, 2 week off parenting time arrangement at which time she agreed to him coming to PA. A few months ago, she has refused to let me pick him up and in the mean time filed a complaint for me being in contempt of court. Is she technically in contempt of court also, by not allowing me to see him even though I now reside out of state? She was completely aware of the move when it happened.
3 ANSWERS
Whenever a parent with custodial interests in Michigan moves out of state, or even over 100 miles within the state, that parent needs to petition the court in order to have the current custodial arrangement remain in place. Given that your ex seems to have agreed at first to this change voluntarily should help you to show that such an order would be appropriate and manageable for both parents, but you need the Order in order to enforce that.
Answered on Nov 05th, 2014 at 10:31 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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The Michigan court still retains jurisdiction over this matter and an order allowing a change of domicile must be entered. If the mother is not allowing this move, a hearing can be held regarding this issue.
Answered on Nov 05th, 2014 at 4:23 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You need an attorney and to have the orders modified, if possible, to reflect the reality. There will most probable be adjustments in almost everything including support, transportation costs, parenting time and custody. Her agreement is a defense to any contempt action. As an aside, the two weeks on/two weeks off will not work with a school aged child.
Answered on Nov 04th, 2014 at 2:52 PM