If child's father moved out of state will we have to go back to family court to modify the parenting plan
Traverse City, MI
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Posted about 1 year ago in Child Custody
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Father moved out of state:
My son's father tried to take me to court over custody, and ended up settling out of court. We have joint legal, and I have primary physical custody, and a court ordered custody schedule, however he picked up and moved to Arizona (I live in Michigan) with a weeks notice, just 5 months after the custody was finalized by the courts, and I haven't herd from him since. What can I do to keep him from just coming back and just start taking Ashton for weekends again?
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Answers (2)Deanna L. Siegel
This attorney is licensed in New York.
Posted about 1 year ago.
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You may file a petition in Family Court seeking to modify the order of visitiation on the grounds that there has been a change of circumstane since the order was finalized, in that: he has moved from the state, he has had no contact with you or his child and that the current order is no longer appropriate. The father will have to be served with your petition and he will have a right to appear (perhaps by telephone because of his residence) in the matter and let the court know what his position is. You may not be able to prevent him from having contact unless there are some more serious grounds, such as drug use or abuse. The courts do not like to prevent a parent from having any contact unless there is something very serious occuring. It may consider suspending contact until he returns to the state and makes some application to the court for visitation. If he seeks to modify the visitation to allow him to take your child to the other state, ask that the court order a homestudy to determine what the living circumstances are where he is living.
gramdma55
Posted 5 months ago.
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If he is supposed to pay support and doesn`t,that is a strike against him. Also if he doesn`t bother to contact you where he is and never contacts you to see how the child is for months,he basically has abandoned him and you,(normally it is requiremnet to notify you and the court whenever either of you move)Talk to a lawyer or the court and tell the court what he has done. That is your best bet
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