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  1. #1
    smurphy76 is offline Junior Member
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    Taking a child out of state

    What is the name of your state?What is the name of your state? Michigan.

    Here is the situation. A man and woman had a child 7 years ago. They were never married. The woman started a teaching degree 2 years before that, taking a total of 10 years to complete. The man and woman were together only about a year after the child was born. They both have joint custody w/ the child spending 3 days a week w/ the father.

    The mother cannot get a teaching job in Michigan. She cannot afford to live on her current job. She has applied for a job outside of Michigan and will continue to do so until she has a job.

    The father says that in order for her to move the son out of the state, she has to have the father's permission. HOwever, if she cannot find a job w/ her degree in a reasonable amount of time and she can find a job in her degree outside of the state, she is allowed to leave...w/out his permission. This is of course uprooting the man's life as he has to be w/ his son and has to give up everything in Michigan to follow her.

    Is this legal? Is there anything the father can do? Any circumstance in which she cannot do this? What if the father were married and had a child w/ another...can she still do this?

    Help...

    THank you.
  2. #2
    Zephyr is offline Senior Member
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    what does the court order say?

    [url]http://www.familylawsoftware.com/splitgen/sp/mi/custodyrelocation.htm[/url]
  3. #3
    scaredandalone Guest

    mom cant move without consent

    dad is correct-mom can move without permission, but the child cant- mom can lose custody that way. he doesnt have to follow her, one of his options is to file for custody, another is to require mom to pay all cost for transportation for visistation. since she will be the one creating the distance.if dad objects to the move, and btw, he will be within his legal rights to, mom will have to get permission from a judge before she can move. without it she can face felony kidnapping charges, and spend some time in jail.
  4. #4
    Zephyr is offline Senior Member
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    Quote Originally Posted by scaredandalone
    dad is correct-mom can move without permission, but the child cant- mom can lose custody that way. he doesnt have to follow her, one of his options is to file for custody, another is to require mom to pay all cost for transportation for visistation. since she will be the one creating the distance.if dad objects to the move, and btw, he will be within his legal rights to, mom will have to get permission from a judge before she can move. without it she can face felony kidnapping charges, and be stripped of custody.

    that's jumping the gun a bit, dontcha think?
  5. #5
    scaredandalone Guest

    only if she doesnt have permission

    only if she moves without permission, i wouldnt advise she do that, she could get into very serious trouble
  6. #6
    Zephyr is offline Senior Member
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    Quote Originally Posted by scaredandalone
    only if she moves without permission, i wouldnt advise she do that, she could get into very serious trouble

    but, really, felony kidnapping charges are not a likely outcome of this situation....


    op - the mother must follow the states guidelines for what is required in order to be able to remove a child from the jurisdiction

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