laws on leaving Michigan post divorce

[nitabee]

What is the name of your state? Michigan (sorta)
I've a friend that is visiting me in the south, she is from Michigan. She has two children, 12and 8. One from a previous relationship and one from her current marriage. There is documented spousal abuse and she is desiring to seek a divorce. Her parents/family are in Arkansas, his are in Michigan. I realize that proceedings haven't yet begun, but how difficult is it typically, for her to leave the state of Michigan after the divorce, if she is granted custody to be closer to her family? Thanks for any info....

 

[seniorjudge]

Q: I realize that proceedings haven't yet begun, but how difficult is it typically, for her to leave the state of Michigan after the divorce, if she is granted custody to be closer to her family?

A: She can go anywhere she wants. If she wants to take the kids, that needs to be spelled out in the judgment of the lawsuit.

 

[Just Blue]

What is the name of your state? Michigan (sorta)
I've a friend that is visiting me in the south, she is from Michigan. She has two children, 12and 8. One from a previous relationship and one from her current marriage. There is documented spousal abuse and she is desiring to seek a divorce. Her parents/family are in Arkansas, his are in Michigan. I realize that proceedings haven't yet begun, but how difficult is it typically, for her to leave the state of Michigan after the divorce, if she is granted custody to be closer to her family? Thanks for any info....

That depends...Was the husband convicted of abusing her? Were the children present when this happened? She could request permission to leave the state with the children but she most likely have to pay for transportation for the children visits with their father.
She could leave the state now and hope he doesn't file a motion compelling her to return...But I wouldn't recommend that.

 

[Silverplum]

That depends...Was the husband convicted of abusing her? Were the children present when this happened? She could request permission to leave the state with the children but she most likely have to pay for transportation for the children visits with their father.
She could leave the state now and hope he doesn't file a motion compelling her to return...But I wouldn't recommend that.

IF she gets custody.

 

[nitabee]

Absolutely. There are many hypotheticals here. Police have been called for domestic violence, no charges (typical, I understand). She just wants to come "home" when it is all done. I truly don't THINK there will be an issue of custody.... who knows? No one. I'm just curious how difficult it is TYPICALLY to move cross-country in this situation.

 

[Zigner]

Absolutely. There are many hypotheticals here. Police have been called for domestic violence, no charges (typical, I understand). She just wants to come "home" when it is all done. I truly don't THINK there will be an issue of custody.... who knows? No one. I'm just curious how difficult it is TYPICALLY to move cross-country in this situation.

Unfortunately, there is no "typically" in this instance.

 

[Silverplum]

So she thinks of where her parents are as "home" and "family?" That's but ONE problem in that marriage.

For the kids, Mom and Dad are the family. That's what a court looks at. Not whether or not a non-independent adult can handle living away from their parents. So if Mom can't handle life without her own parents -- to the detriment of her own children -- perhaps she should give custody to Dad so she can "go home" and finish growing up.

 

[LdiJ]

So she thinks of where her parents are as "home" and "family?" That's but ONE problem in that marriage.

For the kids, Mom and Dad are the family. That's what a court looks at. Not whether or not a non-independent adult can handle living away from their parents. So if Mom can't handle life without her own parents -- to the detriment of her own children -- perhaps she should give custody to Dad so she can "go home" and finish growing up.

That's just a LITTLE bit unfair. Many parents, both custodial and non-custodial end up needing the temporary help of THEIR parents in a divorce....emotionally and financially. There aren't that many people that can break up and "make it" financially from the get go...most need some recoup time.