Separated couple - child visitation issue

[LdiJ]

Mom is in MN with child. Husband is in MI.

We are (not legally) separated. Husband would like to take child back to MI for a vacation period. I am asking he sign an informal notarized document that states: He is taking child to MI for vacation from X date to Y date and returning him to MN.

He states it is illegal for married people to request/require such a document and refuses to sign. Is it? I say unless he does sign, there is no visit.

No, of course its not illegal, but it would be a completely worthless piece of paper since it would not be enforceable. If a couple is legally married they have equal rights to their children until a court says otherwise.

Now he says he'll file kidnapping charges against me. Can he?

No, he cannot file kidnapping charges against you. However, if you and the child were residents of MI, and you moved to MN less than six months ago, then he could file to try to have the child returned to MI. MI would also have jurisdiction.

I started moving in July, brought child back and forth to MN several times and child came back permanently with me in August. Husband helped load three trailer full of goods and said bye to us when we left. At that time our separation was "mutual" and the arrangement wasn't a problem.

We're both unemployed so filing for divorce is out of the question at this time.

Since you have only been in MN for a month or so, then you could have problem. Dad really could file to try to have the child returned to MI. You could argue that dad gave his blessing to you moving the child to MN, since he helped you load three trailers of goods etc., but it would then boil down to credibility.

Dad may have planned this. He may have planned for you to think that you were going to be able to move the child to MN, but he may have had every intention of getting the child for a visit and then filing for divorce and to keep the child in MI.

I really suggest that you try to find a way to get the divorce going ASAP. As I said, MI will have jurisdiction at this point.