We have joint custody, but I have more parenting time. Due to the kids being in school and having more access to doctors appts and what have you i have the kids the majority of the time. We both agreed to this in mediation. Now my ex wants them 50...
I recommend you consult with an experienced family law attorney to determine whether your co-parent's motion could be dismissed under Vodvarka v Grassmeyer and if not, to help you evaluate the strengths and weaknesses of your case under the best interest factors as well as the applicable burden of proof in your case.
That decision set forth the requirement that a party seeking to change custody must first allege facts constituting proper cause or the requisite change of circumstances since the last custody order to permit a review of the best interest factors as to the request.
If your co-parent's motion is not properly written in light of the law, a motion to dismiss may be appropriate. Consult with a family law attorney to find out if the motion requesting a change is properly pled.
Good luck to you.
Shelley KesterSee question
My husband and I are filling out papers for him to do a step parent adoption for my son. Do we just fill out for the Father portion or both Mother and Father? Even though I am the biological mother.
Enter your name with your spouse as the petitioners but do not check the box that indicates you are the adopting parent. In the spot for your spouse, add his name and check the box that identifies your spouse as the adopting father.See question
My ex girlfriend and I have a child together that is 5 yrs old now. We recently came to a mutual agreement that I will have my daughter for every weekend for 3 night and the mother will have for the other 4 nights of the week. We also came to a mu...
Parties may petition to opt out of Friend of the Court services so that no support is collected by the Friend of the Court if:
1) There is no history of domestic violence;
2) Neither party is receiving Any public assistance;
3) No child support arrearage is owed.
That may be the way to go if you are unable to obtain court approval to a deviation of child support.See question
Their is no one contesting.... no one objects to anything
Preparation of a Consent Judgment of Divorce and the related Friend of the Court forms is the next step if all issues are resolved. Contact a family law attorney to assist you with preparation of these final documents. Once signed and approved by the friend of the court, a final hearing can be arranged to put on the necessary proofs to conclude your divorce.See question
I cannot afford to hire a processor server, Theirfore I have to serve him the summons and complaint myself. What other papers do I have to serve him with?
Any adult, other than a party or officer of a corporate party, may serve legal papers in a divorce action. It is beneficial if that person has credibility in case there is a dispute whether service was properly made. The other side may also acknowledge in writing that they received the papers by signing the Acknowledgment on the back of the issued summons. Make sure that you properly identify all documents that are served in the Acknowledgment, that it is dated and signed. Proof of service should then be filed with the court. It is recommended that you consult with an attorney to make sure you have complied with the proper procedure of the Court with jurisdiction of your divorce matter.See question
If I remarry someone who lives out of state, can I change the domicile of my child to that state, if it was previously stated in my divorce, that I could not move at this time? I have sole physical custody and joint legal. The dad is involved i...
In order to change the domicile of your child from the State of Michigan, you must obtain permission from the Court.
The most cost effective way is for your co-parent to sign a Stipulation and Order permitting you to change the domicile and legal residence of your child to the next state where you hope to move, which the Court will likely sign.
If your co-parent will not agree, it will be necessary for you to file a motion to change the domicile of your child. If you share joint legal custody with your co-parent, you will also need to obtain court permission to change your minor child's legal residence by more than 100 miles. Even if you move less than 100 miles, if the move creates a substantial change of circumstances affecting the best interests of the child, you could face a motion to modify custody by your co-parent.
Factors the court considers when evaluating whether to grant a motion to change legal residence are:
(a) Whether the legal residence change has the capacity to improve the quality of life for both the child and the relocating parent.
(b) The degree to which each parent has complied with, and utilized his or her time under, a court order governing parenting time with the child, and whether the parent’s plan to change the child’s legal residence is inspired by that parent’s desire to defeat or frustrate the parenting time schedule.
(c) The degree to which the court is satisfied that, if the court permits the legal residence change, it is possible to order a modification of the parenting time schedule and other arrangements governing the child’s schedule in a manner that can provide an adequate basis for preserving and fostering the parental relationship between the child and each parent; and whether each parent is likely to comply with the modification.
(d) The extent to which the parent opposing the legal residence change is motivated by a desire to secure a financial advantage with respect to a support obligation.
(e) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.See question