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Submitted 142 days ago...

blueeyes

blueeyes

New User (1)

Can my 6 week old babies mother move him out of the state if I am trying to get 50 percent custody?

The mother of my 6 week old baby took him out of Michigan (our home state) and moved to Tennessee to live with her mom. She quit her job before she went and started foreclosure on the condo she was living in. We were never married and had agreed to be friends so we coud do the best for the baby. She had started to get posessive of him so I had sued her for 50 percent custody right before she went. She did not tell me she was moving to tennessee, only that she was taking him to visit. Now she says she is not coming back. What are my rights as a father that wants to help raise this child? Will a judge make her come back to michigan?

 
Answer
 

Submitted 141 days ago...

HouserRW

HouserRW

Contributor (90)

If you already filed an establishment of paternity, which you should have done if you filed for 50% custody then go to the court house and file an OBJECTION TO RELOCATION. In your motion/petition state the mother has already left state and did not notify you within the specified timeframe. Get permission to serve by mail *via ex-parte order* and have it ordered that she return to the states. IF she is unable to return to the states then request that the child remain w/you until the decision can be made on what will happen. Now the child is 6wks old so that can be tough to get the child, but it is possible if she ticks the courts off especially if you put that you believe she is running to avoid the hearing. Proceed w/everything like you normally would. You should file for her to come back as soon as possible because once they are in another county for longer than 6months they can stay and cannot order them back. Good Luck.

 

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