Yes, unless the other parent agrees, both parents were already living 100 miles apart when the judge signed your court order, sole custody was granted to the other parent, or the move results in the child's legal residences being closer to each other than before the move.
When children reach the age of 18 years (or are determined to be emancipated by a judge), they can decide where to live. However, before age 18, the Child Custody Act requires the court to consider, "The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference." Judges usually place more emphasis on the preference of the child if the child demonstrates a greater level of maturity and understanding.
The Friend of the Court does not have any responsibility to investigate child abuse or neglect. Allegations of abuse or neglect should be reported to the Protective Services unit of your local Department of Human Services (DHS) office.
Yes. The state and federal governments have a parent locating service. It may be used to locate a parent for any of the following purposes:
1. Collect child support
2. Obtain a court order on a child custody or parenting time matter, or enforce an existing order for either type.
3. Enforce state or federal law prohibiting the unlawful taking or restraint of a child.
When any of those "emancipation events" occur, the court will grant a motion ending the obligation to pay further child support. Copies of adoption orders, marriage records, or military service records should be provided to the court. Any overdue past support must still be paid.
Michigan law gives both parents the right to see certain records regardless of the custody arrangement. That includes medical, dental, school, and day care records. In addition, both parents are entitled to receive advance notice of meetings that concern their child's education.
However, the Friend of the Court cannot enforce that law. You may wish to consult an attorney if you are denied any of those rights.
No. The Friend of the Court has no authority to enforce the court's property-division order. The court will enforce its own order. If the party does not comply with an order, you may file a motion asking the court to enforce that order.
Parties may agree to a change of residence (domicile) by signing an agreement (stipulation). This stipulation must be put in the form of an order and signed by a judge. It then becomes an order of the court. If you and the other parent cannot agree on the proposed change or domicile, you may file a motion that asks the court to enter an order approving the change. You must obtain a court order approving the move.
The support amount is determined by the standard child support formulas, which considers the parties' incomes. Therefore, an incarcerated payer's support obligation may be modified if a motion to modify support is filed. Either a party or the Friend of the Court may file that motion.
Child support can continue up to age 19 1/2 if the child attends high school on a full-time basis with a reasonable expectation of completing sufficient credits to graduate and the child continues to reside on a full time basis with the person who receive the support payments.
A petition requesting the court to grant an order for support must be filed with the court either by a party or an attorney. If both parties agree and sign an agreement (stipulation and consent agreement), that agreement will be entered as a support order if it is approved by the court.
When money is received at the MISDU on your case and owed to the payee, a check is issued from the MISDU to the payee, or an electronic fund transfer (EFT) is made directly to your financial institution, or a Reli-a-card deposit is made.
File a written complaint with the Friend of the Court office. If the Friend of the Court determines that either parent has violated the parenting time order, they have the responsibility to proceed with enforcement.
It is not required that you have an attorney to file a petition for custody. However, there are many complicated issues involved in a custody case and therefore you may want to have an attorney represent you. The Friend of the Court cannot file a petition for custody for you.
A petition to modify a custody order must be filed with the court, or the parents can sign a written agreement changing custody (stipulation and consent agreement), which if approved by the court, will change custody.
A petition requesting the court to grant you custody of your children must be filed with the court. If both parents agree and sign an agreement (stipulation and consent agreement), that agreement, if approved by the court, may be entered as a custody order.
That is your decision. If you make the decision to deny parenting time in these circumstances, you may be asked to explain to the court at a contempt hearing why you felt your decision was in the best interest of the children.