Move out of state with child

Status
Not open for further replies.
J

Josianna

New Member
I live in Michigan with my one year old daughter and her father. We were never married. Her father has decided to leave us for another woman. My daughter was born in Kansas, not Michigan. All of my family is in the Kansas/Nebraska area where she was born. Which state's laws apply to her, the state we live in now or the state where she was born? We moved to Michigan because his family said there were jobs and a place to live lined up for us, which turned out to not be true. I want to move back to Nebraska to be near my family, I can not afford to live here in Michigan alone. Can I move her to Nebraska, and if so do I have to give him notice? Is there anything he would be able to do to prevent me from moving?
 
well he is the dad and he does have rights, so right now MI would have jurisdiction since that is where you live. If you just take off without permission, you could irritate a judge and if Dad files for custody in MI, you could be ordered to return the child.

It is best to see an attorney about this. See iflegal aid can help you. You most definitely are going to have to prove that the move is in the childs best interest, and you probably will be on the hook for transportation expenses so Dad can have visitation.
 
but legally, can I leave without written concent? And is there a document or can it be a hand written concent? Does it matter that I can't afford to live here and will be homeless if I stay?
 
you would have to be in nebraska long enough to re-establish residency before you could file for custody of your child. If the Father filed for custody in MI before you can file in Nebraska then the jurisdiction would stay in MI. I am not sure what the residency requirments are for Nebraska.....Check the web.....How long have you been in MI........have you been there long enough to have established residency.....

Gary
 
Josianna said:
but legally, can I leave without written concent? And is there a document or can it be a hand written concent? Does it matter that I can't afford to live here and will be homeless if I stay?
Click to expand...

Mother cannot take child out of state if that prevents
"meaningful" relationship between father and child. WEISS V.
WEISS, 436 NYS 2d 862, 52 NY 2d 170 (1981) See also:

DAGHIR V. DAGHIR, 82 AD 2d 191 (NY 1981)
MUNFORD V. SHAW, 84 A.D. 2d 810, 444 NYS 2d 137 (1981)
SIPOS V. SIPOS, 73 AD 2d 1055, 425 NYS 2d 414 (1980)
PRIEBE V. PRIEBE, 81 AD2d 746, 438, NYS 2d 413 (1981)
STRAHL V. STRAHL, 66 AD 2d 571, 414 NYS 2d 184 (1979)
O'SHEA V. BRENNAN, 88 Misc.2d 233, 387 NYS 2d 212 (1976)
WARD V. WARD, 150 CA 2d 438, 309 P.2d 965 (Calif. 1957)
MARRIAGE OF SMITH, 290 Or.567, 624 P.2d 114 (Oregon 1981)
MEIER AND MEIER, 286 Or. 437, 595 P.2d 474 (1979), 47 Or. App. 110, 613 P.2d 763 (Oregon 1980)
 
You cannot file in NE until you meet the residency requirements there, which is probably 6 months. jurisdiction is in place to prevent parents from moving the kids all over the place. If you leave th state, MI still has jurisidiction and Dad could file in Mi. That would give him the upper hand since you would have to travel to MI for all court dates and dad could ask the child be returned. It is VERY risky to get up and leave. You could lose custody.
 
One would have to be dealing in good faith in order to have jurisdiction in another state. I don't think you would have clean hands to obtain jurisdictioin. Certainly, you could move there and file, but you have to be a resident there for six months, the courts would determine which state was the more convenient to have the hearing, the court would look at the fact that you moved, which could be looked at as interfering with visitation, which the court can deny jurisdiction based on that alone.

You would be better off to take care of things before you get into a mess.
 
I also have a similar situation except for mine is in PA and his mom lives in Md.
I filed, she lied to get a lawyer to declare Md as my sons residence later. My son has only been to Maryland to visit her every other week until she started dating a sex offender(non registered). I'm not a lawyer. But I would think it'd go to the birth state.
 
Jurisdiction is not always the birth state, it is where the child or parent has been residing for 6 months or more.
 
Status
Not open for further replies.

Ask a Question

Share this page

Get a free case review from a lawyer
Back
Top