win custody on default

[bethdetroit]

Hello we are from Michigan. My husband's ex took off to Colorado after The state of Michigan made a child support order, that said she could not move the child more than 100 miles away, without permission. She never even told anyone about the move untill she was allready there. And WE, not her notified Friend of the Court of her moving and violating the order. She has sole custody and for some reason thinks that the court order dose not apply to her. She is also under the impression that sence she is no longer in the state that she can disregard the Michigan courts.
We just had a hearing to get a new order forcing her to return the child. The mom never showed up and we were granted everything we asked for. So she now has 14 days to return the child. We are preaty much sure that she will ignore this order and refuse to return my husband's son. If she dose that she will get a warrent put out on her. So I am wondering if...
when we file for custody ( in the next two months) and she shows up for court will she be arrested on the warrent?
And if she chooses to not show up, will or can we be granted sole custody on deafult?
If anyone has been thru this or knows of any laws that would give us some indication of what we can expect please tell us. Or if you have any sugestions we would be greatfull to hear them.
We are extreamly conserned for the baby(2yrs. old) the last news we heard was she was living with a coke addict who has been sleeping with minors. She can't hold down a job and is not taking very good care of the baby. Her own mother says that she can not handell the responsibility of a child. And as of now she is hiding from the courts and trying to avoid us. We called CPS 3 weeks ago but have not heard anything back.
Please help if you can.
Thanks a-lot, Beth.

 

[LegalBeagle]

Hello we are from Michigan. My husband's ex took off to Colorado after The state of Michigan made a child support order, that said she could not move the child more than 100 miles away, without permission. She never even told anyone about the move untill she was allready there. And WE, not her notified Friend of the Court of her moving and violating the order. She has sole custody and for some reason thinks that the court order dose not apply to her. She is also under the impression that sence she is no longer in the state that she can disregard the Michigan courts.
We just had a hearing to get a new order forcing her to return the child. The mom never showed up and we were granted everything we asked for. So she now has 14 days to return the child. We are preaty much sure that she will ignore this order and refuse to return my husband's son. If she dose that she will get a warrent put out on her. So I am wondering if...
when we file for custody ( in the next two months) and she shows up for court will she be arrested on the warrent?
And if she chooses to not show up, will or can we be granted sole custody on deafult?
If anyone has been thru this or knows of any laws that would give us some indication of what we can expect please tell us. Or if you have any sugestions we would be greatfull to hear them.
We are extreamly conserned for the baby(2yrs. old) the last news we heard was she was living with a coke addict who has been sleeping with minors. She can't hold down a job and is not taking very good care of the baby. Her own mother says that she can not handell the responsibility of a child. And as of now she is hiding from the courts and trying to avoid us. We called CPS 3 weeks ago but have not heard anything back.
Please help if you can.
Thanks a-lot, Beth.

MI is a bitch of a state to leave with a child. You should file for custody of the child as soon as the 14 days are up. Then you file the MI order into CO court system. Get your CO order and turn up with the police.

 

[bethdetroit]

I am a bit confused.
Should we get the order stateing she return the child back to Michigan, entered in to CO court system?

Or should we file for custody after the 14 days or up and then wait till we get custody, and then get the custody order entered in to CO's court system?

I am not sure which order you are saying we should get entered in to CO's court.
The one we have now
or the custody order
or both and if both should we wait untill we have the custody order signed by the judge or should we be getting the "return the child order" entered while we are trying to get custody?

Thanks in advance, BETH

 

[LegalBeagle]

Do both... file any orders you get in MI into CO.. and file for custody in MI.

 

[bethdetroit]

ok thanks for the clarification. If you dont mind could you look at my post on the custody forum. the one about retroactive modification. You seem to know what your talking about thanks.