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What state to file modification in

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tpsail12

Junior Member
What is the name of your state (only U.S. law)? Oklahoma

My divorce was filed in the state of Michigan. I was granted physical custody of our child and given court permission to move out of state. Our child will be 16 at the end of July, and has expressed not wanting to spend the court designated time with dad. I have been a resident of Oklahoma for 5 years. Do I need to go back through the Michigan court system to file a motion to change the visitation? Or can I file that in the state that I am now a resident of?
Also, at what age does a child have the ability to express their preference to stay with one parent or the other? My understanding is that they really have no rights until they turn 18, but has anyone had experience with a child younger than that being granted their request? While I encourage our child to go, and have been more than generous with time above and beyond the court ordered visitation, our child is often dropped off at a relatives house, and not actually spending time with dad.
While I attempt to promote the relationship, I can't change that he goes months without calling, or doesn't spend his alloted time with his child when he has visitation. I am responsible for 75% of travel, but have never "billed" him for the 25% of his part. It is more than frustrating though, when he drops our child off at my parents for 4 of the 6 weeks he was granted. While I am more than thrilled that my parents get to see our child, that's not what the custody agreement states. I wasn't court ordered to pay for travel for my parents to see our child, but for him to have time with our child. Does the fact that he readily doesn't see our child during his time hold any weight in a court?
We have tried to come up with alternate arrangements, especially with our child being older now (five years have passed since the original agreement)and school and friends being established down here, and suggested he visit down here, but he won't budge. I still have not stopped trying to come up with a solution, but would also not like to be found in contempt of court.
Any info would be appreciated.
 


Ohiogal

Queen Bee
Unless you have properly domesticated the order in Oklahoma, you have to go back to Michigan. And if you have slept on your rights (re travel) then that is your issue.
 

stealth2

Under the Radar Member
Why not ask your parents to help you with the travel expense to see their grandchild? Since they benefit. Ask them if it would be okay for kiddo to bring a friend.

Does your child work? (Regularly) Involved in fall sports that start practice in the summer (and good enough to potentially result in scholarship opportunities)? Those may be reasons to adjust visitation... "I don't wanna"? Not so much.
 
Until the child's 18th birthday, they do not get to decide whether or not they go for visits. You have to send them kicking and screaming if need be. Failure for you to do so could result in a contempt filing by dad. Dad, however, does not have to exercise his visitation right but you need to make sure junior is available to him at the court ordered dates and times.
 
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