Loss of residency during non-parenting time

[Village Idiot]

What is the name of your state (only U.S. law)? MI

Does anyone know if there is a law that says you cannot vacate your residency for more than a certain number of days during your non-parenting time before being considered homeless?

My ex has custody during the summer and I am taking a vacation and visiting family away from my home- although my possessions and my son's are at my residence (which is also my sister's home) and my mail is being handled by my sister daily. I did apply for low income housing in other locations- well within the 100 miles stipulated on my court order, but so far have not come up on the list. During my vacation I receive notification that he filed for an emergency parenting time change because I am homeless?!?! I also just found out from his new wife, that this is something they were TOLD to file for by Friend of the Court?

Has anyone heard of this law and can Friend of the Court give them this advice? FOC immediately recommended a change from the judge telling them that I am homeless and he signed off on the court order. I'm not homeless and believe I'm being discriminated against because of my hearing and vision disability. What can I do??????

 

[Isis1]

i have to ask because of the posting history.

is this the actual mother, or her sister?

 

[Village Idiot]

Mother's question

Mother wants to know- sister providing log in.

 

[Isis1]

Mother wants to know- sister providing log in.

okay. was reading posting history. please be honest about who you are. i understand the circumstances, we just need everyone to be honest so we can give them the best information.

and no, there is no law that says you cannot change your residence during your non parenting time.

however, your sister needs to march into court and explain she is residing at your house on a permanent basis. she needs to clearly state she is not homeless.

does she have a copy of this new order on hand? if not, she needs to go to the court and get one.

as for FOC, they may have advised the step to take if the mother was in fact homeless. keep in mind, FOC is only advising per what they are being told. that your sister is in fact homeless.

 

[Village Idiot]

Thanks

Sorry- wasn't meaning to confuse anyone. She already had an account so it was easier for her to log in than for me to create a new one since we live in the same house.

Is there a law that says I can't be out of my home for a certain number of days or I can be considered homeless? The Friend of the Court told my ex that is why he could file for emergency change- because I was out of my house for more than 30 days. Never heard of this!

 

[Isis1]

Sorry- wasn't meaning to confuse anyone. She already had an account so it was easier for her to log in than for me to create a new one since we live in the same house.

Is there a law that says I can't be out of my home for a certain number of days or I can be considered homeless? The Friend of the Court told my ex that is why he could file for emergency change- because I was out of my house for more than 30 days. Never heard of this!

first, you sister doesn't know what nonsense the ex told FOC. he told them what he wants them to know so he can hear what he wants. your sister needs to stop listening to any "legal" advice from the ex. he is not speaking in her best interest. there is no such law.

 

[Village Idiot]

Friend of the Court

I went into FOC yesterday and told them I was still residing at the same address. They would not speak to me and told me to file my motion to rescind the court's order with the clerk of the court. They also would not take any statements from my parents or sister verifying that I was not homeless. I filed the paperwork with the clerk of the court and was told I had to get the hearing date from the FOC to serve onto the ex. They did not provide this yesterday or today. They are not interested in correcting this and are sticking to the story that I am homeless. I'm going back to file a grievance tomorrow, is there anything else I can do?

 

[single317dad]

I went into FOC yesterday and told them I was still residing at the same address. They would not speak to me and told me to file my motion to rescind the court's order with the clerk of the court. They also would not take any statements from my parents or sister verifying that I was not homeless. I filed the paperwork with the clerk of the court and was told I had to get the hearing date from the FOC to serve onto the ex. They did not provide this yesterday or today. They are not interested in correcting this and are sticking to the story that I am homeless. I'm going back to file a grievance tomorrow, is there anything else I can do?

So has the court already ordered a modification of custody based on this "change in circumstance"?

If so, was this an ex parte emergency order or was their a hearing which you were required to attend and failed to do so?

 

[Village Idiot]

exparte emergency order

His motion was filed on July 18th, the FOC made the recommendation to the court on July 18th stating that I was homeless, and that vwas signed on July 19th removing him from my custody during the school year and allowing his father to register him for school in his district immediately. I had to go in an file a motion to rescind but they would not recognize the fact that I am not homeless. The hearing isn't scheduled until November so there's no other way to get it changed in time to have him go to school by my residence.

 

[mistoffolees]

His motion was filed on July 18th, the FOC made the recommendation to the court on July 18th stating that I was homeless, and that vwas signed on July 19th removing him from my custody during the school year and allowing his father to register him for school in his district immediately. I had to go in an file a motion to rescind but they would not recognize the fact that I am not homeless. The hearing isn't scheduled until November so there's no other way to get it changed in time to have him go to school by my residence.

You'll probably need an attorney to straighten it out in time for school.