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  1. #1
    CaringMomof2 is offline Member
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    Question Crossing state lines with minor child?

    What is the name of your state? MI

    What are the legal implications if a parent (who is married to the other parent of their child and the child was born during the marriage) were to move to another state with the minor child before filing for sole custody of the child?
  2. #2
    LdiJ is offline Senior Member
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    Quote Originally Posted by CaringMomof2 View Post
    What is the name of your state? MI

    What are the legal implications if a parent (who is married to the other parent of their child and the child was born during the marriage) were to move to another state with the minor child before filing for sole custody of the child?
    The implications would be that the other parent could rush to court and get a judge to order the parent who moved to return the child(ren) to the jurisdiction....and if the moving parent didn't obey that order the moving parent could lose primary custody.

    And lots of other stuff....but that's all that you gave us...
  3. #3
    CaringMomof2 is offline Member
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    Quote Originally Posted by LdiJ View Post
    The implications would be that the other parent could rush to court and get a judge to order the parent who moved to return the child(ren) to the jurisdiction....and if the moving parent didn't obey that order the moving parent could lose primary custody.

    And lots of other stuff....but that's all that you gave us...
    I guess then my next question is this....Could it hurt the moving parent's chances at gaining sole custody if they had moved the child across state lines before filing?

    Here's the entire story if you need it.

    Parent A & Parent B are married and had a child together. Parent A wants to move to another state to be closer to family but is hung up on whether or not it would be seen as "wrong" to take Baby across state lines without a custody order in effect first. Parent B would only complain to be a PITA and try to make Parent A miserable. IF Parent A did this would if hurt their chances of getting sole custody any because they moved Baby without a custody order in effect?
  4. #4
    nextwife is offline Senior Member
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    If your husband up anf took the kids with him to live out of state, wouldn't you rush to court and file for custody and that they be returned to the jurisdiction?
  5. #5
    weenor is offline Senior Member
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    Quote Originally Posted by CaringMomof2 View Post
    I guess then my next question is this....Could it hurt the moving parent's chances at gaining sole custody if they had moved the child across state lines before filing?

    Here's the entire story if you need it.

    Parent A & Parent B are married and had a child together. Parent A wants to move to another state to be closer to family but is hung up on whether or not it would be seen as "wrong" to take Baby across state lines without a custody order in effect first. Parent B would only complain to be a PITA and try to make Parent A miserable. IF Parent A did this would if hurt their chances of getting sole custody any because they moved Baby without a custody order in effect?
    Yes, taking unilateral action without court approval and without other issues could lead to a loss of custody.
  6. #6
    nextwife is offline Senior Member
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    THe child's MOST important "family" is it's two parents. Right now, the child is near BOTH it's parents.

    And joint custody is the standard. What unfitness has the second parent shown to justify sole custody by the first?
  7. #7
    CaringMomof2 is offline Member
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    Quote Originally Posted by nextwife View Post
    If your husband up anf took the kids with him to live out of state, wouldn't you rush to court and file for custody and that they be returned to the jurisdiction?

    I would, but I'm not a party to this matter, so frankly it doesn't matter if I would or not.
  8. #8
    CaringMomof2 is offline Member
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    Quote Originally Posted by weenor View Post
    Yes, taking unilateral action without court approval and without other issues could lead to a loss of custody.

    Thank You!!
  9. #9
    CaringMomof2 is offline Member
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    Quote Originally Posted by nextwife View Post
    THe child's MOST important "family" is it's two parents. Right now, the child is near BOTH it's parents.

    And joint custody is the standard. What unfitness has the second parent shown to justify sole custody by the first?
    I honestly cannot answer that question because I am not a party to this matter. I am simply the "go between" doing the research here. I don't know the circumstances of the matter other than Parent A feels they stand a very good chance of getting sole custody based on either unfitness or Parent B's willingness to agree to it. I don't really know.
  10. #10
    LdiJ is offline Senior Member
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    Quote Originally Posted by CaringMomof2 View Post
    I honestly cannot answer that question because I am not a party to this matter. I am simply the "go between" doing the research here. I don't know the circumstances of the matter other than Parent A feels they stand a very good chance of getting sole custody based on either unfitness or Parent B's willingness to agree to it. I don't really know.
    Then the answers you got here probably aren't very helpful...beyond a generic response...and that's because you can't provide detail beyond a generic response either.
  11. #11
    CaringMomof2 is offline Member
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    Quote Originally Posted by LdiJ View Post
    Then the answers you got here probably aren't very helpful...beyond a generic response...and that's because you can't provide detail beyond a generic response either.
    Exactly!!! And honestly that will help out some to at least give Parent A an idea of what they are looking forward too.

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