never married..custody battle

[kiki48386]

I need some advice, I have a 3 year old daughter from a past relationship, I was never married to her father. We never made any type of custody agreement. Now that I am with someone who I plan to marry, he is telling me that I will not be allowed to leave this state ( I live in Michigan) to move to Indiana where my fiance lives. He never had a whole lot to do with her up untill now trying to prove he's a superior father, he has got alot of family around here and he said that a judge would see that to my daughters benefit. But his family too was never there untill recently. I talked to a lawyer and am going to make a case when I can get the money together.I guess I need some reassurance that this isnt true, I have been the best I can be for her, and I am so scared he will take her away!! I also have a question about leaving for a week to go to Indiana, If I dont tell her father I am going there for a week can I get in trouble? Any advice is appreciated.
kiki

 

[LegalBeagle]

I need some advice, I have a 3 year old daughter from a past relationship, I was never married to her father. We never made any type of custody agreement. Now that I am with someone who I plan to marry, he is telling me that I will not be allowed to leave this state ( I live in Michigan) to move to Indiana where my fiance lives. He never had a whole lot to do with her up untill now trying to prove he's a superior father, he has got alot of family around here and he said that a judge would see that to my daughters benefit. But his family too was never there untill recently. I talked to a lawyer and am going to make a case when I can get the money together.I guess I need some reassurance that this isnt true, I have been the best I can be for her, and I am so scared he will take her away!! I also have a question about leaving for a week to go to Indiana, If I dont tell her father I am going there for a week can I get in trouble? Any advice is appreciated.
kiki

What sort of involvement does he have now ? Is there any visitation or custody orders in place ? does he pay Child Support ??

Sounds like you need to petition the courts for sole custody with limited visitation.. Child Support and also ask the court to grant you permission to move. How far away are you moving ??

Bottom line.. in the event the judge denies your move, then you stay in Michigan with your child.. your child comes first right ?

 

[kiki48386]

Reply to legal begal

Thanks for your reply to my questions, My x bfriend does not pay child support,he does have to pick her up once in a while from daycare, I work in an automobile plant and work the nightshift. We have nothing set up at all for custody, I will be moving about 4.5 hours away. I wanted to move further from him anyways a couple of years ago, he and his family are heavy drinkers.My x has been in jail for drunk driving a few times already, and so have many members of his family. And of course you are right, my daughter does come first, she is the most important person in my life. I just want to be able to bring her up surrounded by love and not so much conflict. Thanks again, My story is so long and I'm trying to keep it a little short for posting, so I may forget some key issues. Kiki

 

[LegalBeagle]

Re: Reply to legal begal

Thanks for your reply to my questions, My x bfriend does not pay child support,he does have to pick her up once in a while from daycare, I work in an automobile plant and work the nightshift. We have nothing set up at all for custody, I will be moving about 4.5 hours away. I wanted to move further from him anyways a couple of years ago, he and his family are heavy drinkers.My x has been in jail for drunk driving a few times already, and so have many members of his family. And of course you are right, my daughter does come first, she is the most important person in my life. I just want to be able to bring her up surrounded by love and not so much conflict. Thanks again, My story is so long and I'm trying to keep it a little short for posting, so I may forget some key issues. Kiki

The first thing you need to do is retain a Family Law Attorney. Custody needs to be sorted. Did you know that he could refuse to return the child and you could do nothing immediately ?. Since there are no custody orders in place the police will do nothing.

However, you working the 3rd shift could have a serious impact on a custody decision if he decides to contest it and wants to fight for custody himself.