Need help deciphering an Act!?
Here is the situation: I have SOLE LEGAL AND PHYSICAL custody of my son. His father has only seen him 10 times total, five of the times I took my son 2 1/2 to 4 hours away to see him. His father and I lived over 100 miles away from eachother when our court order was put through. He only calls every other month or so. He has not shown much interest. There is no schedule for visitation, it is set at as the parties agree. Recently I have decided to move out of state with my son and have been researching the laws in Michigan for this so his father cannot bring me back. My court order states that I must comply with Section 11 of the Child Custody Act of 1970. This is a link to it:
http://legislature.mi.gov/doc.aspx?mcl-7...
you might have to copy and paste. I have read through it a hundred times but i cannot decipher if i am ok to go or not. Someone please help me decipher this, put it in lamans terms??
Thank You!
- Jamie
Answers:
I'm not a lawyer, but my reading is that you are good to go. You have sole legal custody, meaning that the entire section 11 is void under part 2. Since you were living more than 100 miles apart at the time of the order, part 3 kicks in as well, and voids the section again. So assuming that your description of the situation is accurate and complete, I think you can move.
Were you living over 100 miles apart when the divorce proceedings began?
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