change of domicile

[starr69]

What is the name of your state? fl
I moved to fl 11/06. I was divorced in 2005 and received full physical custody of children.?
There were no good jobs in Mi, and had a good opportunity in FL. Children stayed with ex husband for the remainder of school year so I could get my job started and find a good place to live with them.
I am now ready to have them here, they have finished school year. I have a great apartment and my job is good.
Not sure what to do about moving them here. I believe i need to go to court in MI and get a change of domicile, but I could use advice on this. Do I need a lawyer, has anyone gone through this, I am wondering what my chances are that the judge will grant my change.
Any info anyone has will be great.
Thanks

 

[LdiJ]

What is the name of your state? fl
I moved to fl 11/06. I was divorced in 2005 and received full physical custody of children.?
There were no good jobs in Mi, and had a good opportunity in FL. Children stayed with ex husband for the remainder of school year so I could get my job started and find a good place to live with them.
I am now ready to have them here, they have finished school year. I have a great apartment and my job is good.
Not sure what to do about moving them here. I believe i need to go to court in MI and get a change of domicile, but I could use advice on this. Do I need a lawyer, has anyone gone through this, I am wondering what my chances are that the judge will grant my change.
Any info anyone has will be great.
Thanks

I think that there is a very good chance that you won't be permitted to take the children to FL to live. They have been in the other parent's custody for the last 7 months. I can't be certain of the outcome, but if the other parent disagrees with you moving the children, its probably not going to happen.

 

[starr69]

the situation they are in is not the best, their father has been drinking heavy again, and the cops have been called to the house a couple of times. i am going to fight if he doesnt want me to take them here. i could use some legal advise.

 

[Silverplum]

the situation they are in is not the best, their father has been drinking heavy again, and the cops have been called to the house a couple of times. i am going to fight if he doesnt want me to take them here. i could use some legal advise.

You should spend some time reading in the "Custody and Visitation" section. The reality is, you GAVE custody to your X. Now, if he does not agree to give custody to you, you will have to go to court, in the state in which the children now live.

 

[starr69]

i realize that i have to go to court, that is why i mentioned fighting him in court if he doesn't agree. i also realize it will take place in MI, seeing as the kids are there and that is where I received my divorse. All I was asking for is advice on how to go about this, and to see if anyone has gone through this and could give me advice.

 

[Silverplum]

i realize that i have to go to court, that is why i mentioned fighting him in court if he doesn't agree. i also realize it will take place in MI, seeing as the kids are there and that is where I received my divorse. All I was asking for is advice on how to go about this, and to see if anyone has gone through this and could give me advice.

It's a HUGE thing, and nobody on a website can walk you through it step-by-step. Like I wrote before, start reading in the Custody thread. Search MI laws. Don't bother with other states' laws, because they don't apply to you.

Hire an attorney. That's the best thing you can do.