What is the name of your state (only U.S. law)? Michigan
This is not my case but my nephews. Custody order is joint legal, mom has physical placement. In 2004 mom dropped child off with dad and said she could no longer handle him. In 2005 mom signed, paper to suspend child support with FOC, Judge signed. Reason checked on paper, was temp change in physical placement of minor child.
Dad has now had the child living with him since 2004. Mom has never paid CS to dad in these 5 years, and has rarely seen the child. Mom called this summer and wanted to visit, so dad drove the child to mom's, and child visited for 2 months. Dad picked up child 2 nights ago, last night mom called and said she would be picking up child tonight and not returning him.
Legally mom has physical custody, dad never filed to change that even though child has been living with him for 5 years. Child is 15, does not want to go with mom. Does dad have to return child?
Dad is filling tomorrow without a lawyer for a change in custody, based on child living with him for 5 years. Has attached numerous school records, Dr's records proving child has been with him for 5 years. Also attached the CS suspension paper to the filing, which is filed with the court, Judge signed it, showing that placement changed.
Mom's second husband has just filed for divorce, kicked her out, and according to him(he called dad), mom is moving in with a relative, wants child back to collect child support and is planning on applying for welfare.
Any info or advice would be much appreciated. Dad was laid off since Dec, just started a new job, his time is limited, and since mom is attempting to pick up child tonight and keeping him, dad needs to file asap.
This is not my case but my nephews. Custody order is joint legal, mom has physical placement. In 2004 mom dropped child off with dad and said she could no longer handle him. In 2005 mom signed, paper to suspend child support with FOC, Judge signed. Reason checked on paper, was temp change in physical placement of minor child.
Dad has now had the child living with him since 2004. Mom has never paid CS to dad in these 5 years, and has rarely seen the child. Mom called this summer and wanted to visit, so dad drove the child to mom's, and child visited for 2 months. Dad picked up child 2 nights ago, last night mom called and said she would be picking up child tonight and not returning him.
Legally mom has physical custody, dad never filed to change that even though child has been living with him for 5 years. Child is 15, does not want to go with mom. Does dad have to return child?
Dad is filling tomorrow without a lawyer for a change in custody, based on child living with him for 5 years. Has attached numerous school records, Dr's records proving child has been with him for 5 years. Also attached the CS suspension paper to the filing, which is filed with the court, Judge signed it, showing that placement changed.
Mom's second husband has just filed for divorce, kicked her out, and according to him(he called dad), mom is moving in with a relative, wants child back to collect child support and is planning on applying for welfare.
Any info or advice would be much appreciated. Dad was laid off since Dec, just started a new job, his time is limited, and since mom is attempting to pick up child tonight and keeping him, dad needs to file asap.
