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unwed mother to move away

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lfich23

Junior Member
What is the name of your state (only U.S. law)? Michigan
Hello. I am an unwed mother, currently trying to be civil with my 5mo baby's father by sharing time with him, even though I really don't want to. He is high all of the time and leaves our child with people who are just like him in that way. Even so, I got a job offer in California and would like to pursue it, bringing my baby as I believe it will mean a better life for me and my baby. I am in no way doing this just to get away from him, though it may seem that way. There is no court order, and my understanding is that in Michigan I am custodial parent and also understand I can't just leave without his permission. He's sort of an angry person and I fear the thought of telling him this without some backup. Any thoughts would be very appreciated.
Thanks!
 


Ronin

Member
There is no court order ... also understand I can't just leave without his permission.
An unwed mother with no court order establishing anyone as the legal father with possessory rights is certainly free to take her child wherever she wishes without anyone's permission.
 

janM

Member
An unwed mother with no court order establishing anyone as the legal father with possessory rights is certainly free to take her child wherever she wishes without anyone's permission.
But...if Dad got his rights established in a timely fashion he could make things difficult.
 

Humusluvr

Senior Member
But...if Dad got his rights established in a timely fashion he could make things difficult.
Then, the question becomes if dad WOULD file before she was established in CA.

Is there any kind of order yet? Or has he even gone through the paternity test or AOP?
 

Ronin

Member
Absent any court orders saying otherwise, mom is legally free to go wherever she darn well pleases with her child.

One can speculate on all the what if's on what the father can or will do if he chooses to gets off his rear end and establish his legal rights.

But as of now mom is the only one whose opinion legally matters on what is in the best interests of both her and the child. It is highly unlikely she would be penalized by any court for making a decision that was hers alone to make at the time it was made - to relocate with her child for a better job opportunity.

Assuming she does leave, and if no legal action has been initiated in Michigan by the time she establishes residency in CA, she should contact an attoney and not waste any time filing in CA if she intends to stay there.
 
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TinkerBelleLuvr

Senior Member
Michigan forms for establishing paternity/ custody / child support:

http://courts.michigan.gov/scao/courtforms/domesticrelations/drindex.htm#cust

Change of domicile (out of the 100 mile range of dad)
http://courts.michigan.gov/scao/resources/publications/manuals/focb/cp_change.pdf

CHANGE OF DOMICILE
I. Overview
According to Michigan Court Rule (M.C.R. 30211 (C)(1)), "The order or judgment awarding custody of a child must provide that the domicile or residence of the child may not be moved from Michigan without the approval of the judge who awarded custody or the judge's successor".

Court approval can be obtained in two ways; by stipulation and agreement between the parties or absent an agreement between the parties by filing a motion and requesting a hearing.

II. Procedural
A. An order or judgment concerning custody of a minor child must contain a provision that the child shall not be removed from the State of Michigan without the approval of the judge who awarded custody or the judge’s successor. MCR 3.211(C).

B. An order to permit a removal from the State of Michigan is required before a move can occur. The order may be entered either by consent or by the court after hearing.

C. Parties who are in pro per who agree to a removal from the state may obtain a form consent order from the Friend of the Court office.

III. Case Law
A. Dick v Dick, 147 Mich App 513, (1985) summarizes the standards for deciding removal petitions, employing the test from the New Jersey case of D'Onofrio v D'Onofrio.

B. Under D'Onofrio v D'Onofrio, 144 NJ Super 200, 206-207, 365 A2d 27 (1976), aff'd, 144 NJ Super 352, 365 A2d 716 (1976) the trial court must consider:

1. Prospective advantages of the move for improvement of general quality of life for custodial parent and child(ren).

2. Integrity of the motives of the custodial parent in seeking to remove in order to determine whether the move is inspired primarily by a desire to frustrate the parental relationship of the non-custodial parent.

3. Is the custodial parent likely to comply with this state's parenting provisions once s/he is no longer in the state?

4. Integrity of the non-custodial parent in opposing the move. For example, consider extent to which opposition is motivated by desire to achieve financial advantage.

5. Will there be a realistic opportunity for parenting time in lieu of the weekly pattern which can foster an adequate basis for preserving and fostering the parental relationship between the non-custodial parent and child(ren) if removal is allowed?
http://www.michiganfamilylaw.com/index.php?option=com_content&view=article&id=46&Itemid=55


It is NOT impossible to move out of Michigan over the objections of the father - but, you have to basically PROVE in some fashion that it is in the best interest of both the child AND the parent moving. I did it over the objections of the father, but I also made sure that I was well documented; I did my homework. My child was older, so we could do the UM thing; five month old children do NOT fly UM.

In that you do NOT have paternity established, it does make it easier. But, you won't establish California residency for at least six months. From my observations here on the forum, Michigan does have one of the better systems in place in the country.
 

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