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Des0ray · Jun 28, 2012, 09:12 AM

Im am going to move back with my family to Michigan for a bit, but I am going to take my son with me.. His father and I never went to court for our custody issues. We just have a verbal agreement on when he sees our son.. Usually it's every weekend. My question is I am moving from Texas to Michigan and I want to make sure that I am not going to get in any legal trouble if I just packed my stuff up and leave.. I'm not going to tell his father until I'm already named for fear that he might try to keep our son so I can't move.

Fr_Chuck · Jun 28, 2012, 09:35 AM

Legally you can move, legally he can file for a emergency hearing and ask for custody and get a court order to force you to return your child to the state.

Since he has been having a contact and visit with him I fully believe the court will force the child's return if the father will go to court shortly after you move out.

ScottGem · Jun 28, 2012, 09:44 AM

I agree with Chuck. I see a few scenarios here.

1) He does nothing and lets you move
2) He files for formalization of the visitation and a court order for you to return the child to TX.
3) He files for full physical custody.

If he does either 2 or 3, the court is likely to issue an order that you return to TX at leaast for a hearing. If you do not do so, a default judgment will be entered. And the judgment will likely be that he gets full physical custody. So then, what he can do is travel to MI with the court order, pick up your son and take him back to TX.

Des0ray · Jun 28, 2012, 09:47 AM

Originally Posted by ScottGem

I agree with Chuck. I see a few scenarios here.

1) He does nothing and lets you move
2) He files for formalization of the visitation and a court order for you to return the child to TX.
3) He files for full physical custody.

If he does either 2 or 3, the court is likely to issue an order that you return to TX at leaast for a hearing. If you do not do so, a default judgment will be entered. And the judgment will likely be that he gets full physical custody. So then, what he can do is travel to MI with the court order, pick up your son and take him back to TX.

What if I file for full custody once I get to Michigan?

ScottGem · Jun 28, 2012, 10:07 AM

You have to wait until you establish residency. That usually takes 6 months. If he files in TX before then, then TX will have jurisdiction.

Fr_Chuck · Jun 28, 2012, 01:04 PM

Agree, you can not file as soon as you get there, so he will have time to file in his state.
So if he does file in his state, you will have to return there every time there is a hearing, and what often happens, a date is set, and you travel to find they get it continued.

AK lawyer · Jun 28, 2012, 01:33 PM

Originally Posted by ScottGem

You have to wait until you establish residency. That usually takes 6 months. If he files in TX before then, then TX will have jurisdiction.

Actually, until Michigan becomes the chld's "home state", which would be six months (unless the child is less than 6 months).

Originally Posted by Fr_Chuck

...
So if he does file in his state, you will have to return there every time there is a hearing, and what often happens, a date is set, and you travel to find they get it continued.

You can have an attorney attend a hearing for you. And if your participation is necessary frequently you can arrange to attend by telephone.