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Can The Mother Of My Son Try To Move Out Of State With My Son When He Lives With Me

Owosso, MI |

In The Past Few Months My Son Was Taken Away From His Mother and Has Been Living With Me, CPS Has Been Involved Due To Her Neglecting The Children. She Then Became Homeless And Has Been Living With Her Grandmother That Is Kicking Her Out. Her Father Lives In Ohio and Is Demanding Her To Go Live With Him Until She Gets Her GED, Finds A Job & Makes Money TO Save, All Expenses Paid. She Just Tried Getting Me To Agree That She Is Going TO Take OUr Son With Her To Ohio and Take Him Out Of School And Put Him In One There With Her, and Have Her Father Watch The Kids While She is Doing Whatever She Needs To. I disagreed and her mother and her told me they were going to the court to get a waiver from the judge saying that it would be okay that she takes the child, can she? what should I do asap!!!

Attorney Answers 3


  1. Best answer

    If CPS is involved and your son was taken away from his mother, the case is probably still pending? Obviously, your paternity has been established and the court with jurisdiction (control) over your son placed him with you. Is there a plan in place for reunification of your son with his Mother? Is she complying with the plan? As long as that case is pending she cannot take the child out-of-state without the Court allowing it.


  2. Is there a custody order? If there is, it probably says that no one can move the child out of state without a court order. You didn't say who you are -- you are the father but does the Court know that? Are you on the birth certificate? You will have to go to Court and object...if she loses custody due to CPS, will they give the child to you?


  3. If there is a custody order, the order MUST provide that the child cannot be removed from the State of Michigan or 100 miles from the current residence without court intervention or the consent of the parties. This change of domicile (moving) is governed by both a court rule and statute on point.

    To be successful, the court must determine among other things that the proposed move has the capacity to improve the life of both the relocating parent and the minor child and an alternative parenting time plan can be put in place. Domestic violence and financial considerations (support) are also taken into account.

    Daniel Findling
    www.thedivoreguy.com
    blog: www.thedivorceguy.com/blog
    toll free: 877-968-7347

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