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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!!!

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Attorney answers 3

Best Answer
Posted

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.

Asker

Posted

She has not complied with any of the courts recommendations for the children's well-beings. that's why CPS turned their heads on her to me, and asked me to turn Custody paperwork in and had called the courts in my favor. Thank You.

Posted

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?

Asker

Posted

I am on the birth Certificate and I am the Legal Father, We Have A Custody Order, But I have had temporary Custody of him since July 2012 because she is not stable and has no place for the children and no money to provide for them. CPS told me to get A Pre ProOrder For Cusotdy, Parenting Time And Child Support, They Have Stopped Child Support and Taken the Child Of her state assistance file and now he has medical through me. I just cant seem to fill the paperwork out without help and I work from 6 AM - 4:30 PM so I am never able to go to the court house and seek advice on filling it out. I will be having my fiance turn in all paper work tomorrow if she can have someone have her file it out but I am not completely sure if she is eve allowed to turn it in, even though me and the child reside with her or not?

Ezra N. Goldman

Ezra N. Goldman

Posted

If you sign the papers, no one will care who files them. If there is a custody order, it probably says she can't move with the child. But either way, based on what you wrote, there is going to be a hearing on whether or not she can leave the state. You will have to show up to that but the Court is not likely to let her take the child under these circumstances.

Asker

Posted

She was trying to get me to agree to this and I said No way, because in my eyes why would the court grant her this knowing she is unstable and the child was removed for a reason. Thank you for your input and I will be sure to file these asap to get this started. she planned on leaving either this Friday or next but people have told me that even for her to get a hearing date to approve or disapprove this will most likely be before thanksgiving or even Christmas. I am not sure if I will get into trouble if I refuse to let her take him overnight now, because I am scared she will flee with him when her father comes to pick her up. even though she could be looking at jail time for doing so I am still skeptical on letting her take him overnight, but dont want to get into trouble if I refuse to give him up for an overnight stay.

Ezra N. Goldman

Ezra N. Goldman

Posted

Does an order say you have to allow overnights? I don't know the case well enough to give legal advice so consider this personal advice -- not legal. I would talk to the CPS worker and tell her you are concerned that she will steal the child anytime she is alone. I wouldn't allow overnight -- let her complain to the court and you can come and explain yourself.

Asker

Posted

I am not sure. I will have to talk to the CPS lady. thanks for all the advice.

Posted

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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