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I have a temporary physical custody order, and want to find out how to apply to make it permanent.

Lincoln Park, MI |

My ex-husband had primary residential custody of my daughter until April 2009, when he left her with his ex-girlfriend in Iowa and moved to Indiana with a girl he met online. Upon finding this out I applied for primary physical custody in Iowa where she was living. I was granted temporary primary residential custody and was told to come back to Michigan where I live and apply for permanent physical custody of her. We both still have joint custody of her. Since then, he has not talked to or seen her in 2 years. He has skipped every chance at visitation that he was given. He has now also disappeared somewhere in Texas and is not in contact with anyone. How do I go about applying for full custody and full primary physical custody without having a lawyer, I can't afford another one this time.

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Attorney answers 1


Your situation involves the courts of two states and you should have the assistance of an attorney. Get copies of all documents related to your change of custody determination in Iowa. If you cannot afford an attorney, you should contact the local legal aid office for assistance.
This is the form that you need to request a hearing for a change in custody.
Be sure that you have all information regarding the original divorce and custody order and any subsequent court orders. You will want to track him down because you need to serve the papers on him. If there are reasons that your exhusband, rather than you, was given primary custody, you will want to show the court that you are a good and capable parent.

This is general information not intended as legal advice. No attorney client relationship has been established. Geraldine Anne Brown is licensed in Michigan an practices Estate Planning, Probate and Elder Law.

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