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Family Law: Change of Custody.

Pontiac, MI |

Does a single parent secretly enlisting into an out of state, deployable military reserve unit constitute a significant change of circumstance for change of custody?"

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Attorney answers 2

Posted

The child's legal residence would stay in Michigan. A parent can't change that without a court order. In fact, a parent cannot even change the residence of child over 100 miles from the original residence at the time of the order. The law states: A parent of a child whose custody is governed by court order shall not change a legal residence of the child to a location that is more than 100 miles from the child’s legal residence at the time of the commencement of the action in which the order is issued. A court hearing is required and certain factors are considered by the court.

Asker

Posted

Thank you for your reply, however my concern is not that the mother will move, but she is leaving the minor child in the care of the grandparents (they are currently living with grandparents for 6 years) during training and deployments. The mother is hiding the enlistment from the father. Mother lives in MI, father in Oklahoma. Would the law support custody reevaluation or sending the minor child to Oklahoma during mothers deployments?

Asker

Posted

Mother singed up as a single person, military reservist on a frequently deploying unit. Did not obtain fathers signature on military dependent care plan - required) Father has joint legal custody and secondary residential custody.

Asker

Posted

Deployments could last up to 9 months.

Posted

I agree with Ms. Stone. Contact an attorney as soon as possible about your situation.

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Disclaimer: No attorney-client relationship has been established. Please contact an attorney about your legal rights. This answer is for educational purposes only.

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