[BRIANNICOLE]

Ruled that Mother (CP) could relocate to Michigan. Father (NCP) lives in Florida where Jurisdiction of the Parenting Plan is held. Mother has several times been in contempt of court. Florida Attorney has told us through a phone consultation that in order for anything to happen to the Mother the Parenting Plan has to be registered in Michigan. Mother has lived in Michigan for 26 months with the children. Is having a Parenting Plan registered in another state an easy process?

[JudyKayTee]

Depends on the States - is this part of a divorce?

[BRIANNICOLE]

It is part of a divorce. The Dissolution of Marriage was done in Pasco County Florida with the Parenting Plan attached. It is stated in the Parenting Plan that she can leave the state. The problem we are having is that she is not following the parenting plan guidelines. Last summer she would not produce both children only one. When we called the local authorities we were told there was nothing they could do because the Jurisdiction was in Florida. Last week during a phone consultation we were told that we have to file the papers in Michigan in order for them to be valid because that is where she resides with the children.

[JudyKayTee]

Here is the info about filing an out of State order in Michigan - Domestic Relations forms

In NY (which is where I am) it's a relatively simple matter of filing a certified copy of the document(s) with the County Clerk's office.

It doesn't appear to be more complicated in Michigan.

On a soapbox here - it never makes sense to me (and I know it happens) that a parent is allowed to move out of State and no Order is issued that the Order be filed in that "new" State. Ridiculous!

[BRIANNICOLE]

Thank you for taking the time to send this to me. I will research it right away. What is even more Ridiculous is parents out there who do everything in their power to stop a relationship with the child and the other parent. This is a daily battle for us and one that is very expensive. I don't understand the legal system when it comes to our children nor the way the laws read and what you have to do to have them inforced. I wish I had a law degree I would help as many of these parents as possible. It seems every time we turn around someone wants money from us to help our kids. /:

[BRIANNICOLE]

I am looking at the link now and am in information overload! I assume I go to the section that reads SCAO Approved Forms for Domestic Relations Matters Involving
Child Support, Custody, and Parenting Time Generally. At the point that I am there which paperwork do I need? I think it may be this form: Response to Motion Regarding Change of Domicile/Legal Residence (foc116.pdf), although when I read it the information seems to be from the person who has moved not the parent who still resides in the state where the jurisdiction is.

[JudyKayTee]

I'm also on overload! Everything is about filing for changed custody (or so it seems) with very little about filing an agteement from another State.

Before we both pull all of our hair out, I would see what County is involved in Michigan and telephone the Supreme Court Clerk for that County and ask.

I see very conflicting info (which I'm sure you've discovered) ranging from "it's automatic" to "you need a new Order."

I'd call and ask.

Please come back and let me know what you learn.

[BRIANNICOLE]

Will do, thank you so much for looking into this for me. We are reaching out and researching as much as we can. As I'm sure you know fighting for children and parental rights is very expensive; which is a shame. Thank you again!

[BRIANNICOLE]

On your profile it has you listed as an investigator, do you do invesitgations for children in the state of NY?

[Fr_Chuck]

It is best for your Fl attorney to use a Mich attorney to do this. But I will say that I have never heard of such, if the are in contempt in Fl they are bought back to Fl court, and so on. You don't want to move the court order or you will have to travel to Mich every time there is something to do.

[BRIANNICOLE]

That is the problem; the state that the Jurisdiction is in does not "bring them back". Now if that parent shows back up in that state that is another story. We have another phone meeting with this attorney on Wednesday. I don't understand how one parent can get the kids, move, and break all of the rules and the other parent stays put in the house the kids grew up in and has to pay and pay and pay to continue to go to court just to get the other parents hand slapped. I am a Mom and a StepMom and let me say I have never treated my sons Father this way. He is not my favorite person in the world, but he is still my sons Dad. I have learned just how little rights Dads have going through this. What kills me is a person makes a choice to step outside of the marriage and in doing this gets pregnant of course next comes divorce splitting up the marriage... and the prize goes to the person who destroyed the family in the first place. I am hoping that someone one day gets into office who has had this struggle in their life and makes some changes to the way the legal system works in regard to children. In the mean time my husband and I will continue to do all we can to make sure he is not another forgotten Father.

[ScottGem]

I am very surprised that a court granted her leave to move. I suspect that your husband agreed to the move based on the parenting plan agreed to. No offense, but that wasn't the smartest thing for him to do. Once the mother got out of the jurisdiction, she was sort of home free.

So it sounds like you have been given the correct advice. Your husband needs to file for a co-order in MI so MI can be asked to enforce the Parenting Plan and hold her in contempt of court if she doesn't follow it.

Since she is in contempt, you may also be able to have the MI court require she pay court costs.

Good luck and keep us posted.

[JudyKayTee]

I will add that there are also forgotten mothers - but I get your frustration.