Custody can i move hearing to state that child is resident of?

[Kimamrhein]

What is the name of your state? Michigan

 

[Just Blue]

What is the name of your state? Michigan

What is the name of your state? Michigan

Base on the little info (none) you provided...No you can't move the hearing out of the state.

 

[Kimamrhein]

Received custody of grandson in Ohio in 2012. Moved to Mi in 2014. Mother has filed for custody in Ohio now

 

[Just Blue]

Received custody of grandson in Ohio in 2012. Moved to Mi in 2014. Mother has filed for custody in Ohio now

You need to submit a motion to dismiss based on improper jurisdiction. Did you gain custody through the court or did mother and father just give you guardianship?

 

[Kimamrhein]

You need to submit a motion to dismiss based on improper jurisdiction. Did you gain custody through the court or did mother and father just give you guardianship?

You need to submit a motion to dismiss based on improper jurisdiction. Did you gain custody through the court or did mother and father just give you guardianship?

Father is in prison. Mother signed papers granting me legal custody. Was never proven unfit. Just let me have him. No visitation has ever been requested.

 

[Kimamrhein]

I've been told that because original custody was given in Ohio , that it's considered his "home state" and hearings have to be done there even though we've been residents of Michigan for 3 1/2 years

 

[Just Blue]

Father is in prison. Mother signed papers granting me legal custody. Was never proven unfit. Just let me have him. No visitation has ever been requested.

Please get out the papers that were signed and write down exactly what it is. ...I doubt it's custody papers it's likely Grandparent POA papers that allow you to enroll the child in school and to take him to the doctor and such...

 

[Kimamrhein]

Please get out the papers that were signed and write down exactly what it is. ...I doubt it's custody papers it's likely Grandparent POA papers that allow you to enroll the child in school and to take him to the doctor and such...

They're in front of me. Under decision it has 3 options. Interim, temporary, and legal custody. Legal custody is checked and under that is checked that the above captioned child is awarded to me with effective date underneath

 

[Just Blue]

They're in front of me. Under decision it has 3 options. Interim, temporary, and legal custody. Legal custody is checked and under that is checked that the above captioned child is awarded to me with effective date underneath

Okay...Unless that was submitted to the court and you all had a hearing on it...that paperwork is moot. You need to go to Ohio and hire an attorney. You may be able to retain custody based on status quo...but because you took a legal short-cut in '12...you need to fix this with an attorney.

 

[Kimamrhein]

How was it a short cut? It was in the court of common pleas/juvenile division and a magistrates decision and documented as all parties agree?

 

[Just Blue]

How was it a short cut? It was in the court of common pleas/juvenile division and a magistrates decision and documented as all parties agree?

I asked you if this was done in court and you said it was just something mom filled out. I talked to OhioGal about this (Ohio Family Law Attorney)....Perhaps she will advise tonight or tomorrow.

 

[Kimamrhein]

I meant she signed him over willingly in court. Not proven unfit. Thank you

 

[Just Blue]

I meant she signed him over willingly in court. Not proven unfit. Thank you

But it was done through the court in Ohio...so they have jurisdiction. Did you have the courts permission to move out of state? Has mom tried to visit with her child? Called? Skyped?

 

[Kimamrhein]

But it was done through the court in Ohio...so they have jurisdiction. Did you have the courts permission to move out of state? Has mom tried to visit with her child? Called? Skyped?

Why would I need permission? Yes she has visits. And recently has been doing better and I've let her take him back to Ohio for visits. But over spring break admitted that she left him alone and because that made me uncomfortable with her taking him to Florida for vacation she got mad and filed for custody

 

[Zigner]

How old is the child?