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Discussion Starter #1
hello, i had some concerns for my sister. she wants to move to michigan from kentucky with her daughter, but she got a divorce from her husband 2 years ago and she was left with full custody and he has partial joint custody. she hasnt asked him but we already know he will say no. his life revolves around making hers hell. he has abandoned her with the child multiple times, and he just recently started to spend 12 hours a week with the daughter. he will now pick her up at like 8pm and drop her off by 8am. his sister has wanted the baby and has threaten to take her serveral times and we believe that is were his interest has came from. we hear that he drops the baby off at his sisters the whole 12 hours he has her. the daughter is 5. if she moves without his consent will she get in big trouble, and if so what will happen. because she already has a great job offer and a great private school for her daughter set up.
 

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I'm confused and believe others may be also. So, there are two children? How can she have full custody and he have joint partial custody? Did you mean she has full custody and he has visitation? If she has full custody, she can leave the state. At least that's true in my state. She needs to ask an attorney in her state.
 

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I believe she have full physical custody and the father has joint legal custody. The father can make legal decisions as far as which schools to attend, church, daycare, early military signing and any legal decisions.

The mother can not skip town and leave the state without the fathers permission. The mother must stay in the state. This includes going on vacation as well.

I went through this with my ex h. Even though he had no intentions of having his child in his life, he would not allow her to do certain things like join the military at 17. He flat out refused.

This is what it means in our state a few years back. My child is now grown and I'm unsure if the rules have changed
 

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Discussion Starter #5
yeah he has joint and she has the full custody, they only have one daughter, whom is 5. i hope she can, she plans on moving regardless, im just worried about her legally.
 

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I would think the court wouldn't permit her to move to Michigan with the child unless she had some extremely compelling reason and could show the move was very clearly in the best interest of the child. Unless the father is a serial killer or child molester, it'd be almost impossible to get this done without his consent. What can you offer to get his consent? If he's only seeing the child effectively maybe two hours per week (the child sleeps through most of the visitation) he's not very motivated to see the child. Maybe cutting his child support obligation would do the trick. What's the draw to Michigan? I thought everyone was leaving Michigan to find jobs elsewhere.
 

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Only if your sister can petition the court to amend its earlier ruling, then there's little to nothing that can be done about it. She would have to present evidence and/or testimony to substantiate her claim, and her husband would have the same opportunity to exercise a defense.

Her only chance is that if she has some damning information about him that might possibly sway the court, i. e. immorality, rampant evidence of non-payment of child support, et. al.
 

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She really should talk to a real lawyer, in her jurisdiction. Some things are too important to leave to anonymous Internet forums.
That is totally a "given!"
 

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Discussion Starter #10
yeah he coaches the child, he tried to get the child to say her new boyfriend molested her and it back fired and the child said daddy told me to say..... and he is 6 months behind on child support
 

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Need,
I am trying to understand your situation. There is no such term in the law as full custody. It is a popular misnomer. I believe your sister has sole physical custody and her father has visitation and the both have joint legal custody. Parents generally cannot take the children out of the state without the other parent's written consent. To do otherwise would be an act of parental kidnapping which carries a heavy prison term and a custody change at a minimum. To leave the state with the child your sister would have to petition the court and demonstrate by clear and convincing evidence that the move is in the child's best interest. You are effectively terminating her father's parental rights with the move, not something a court takes lightly. There would have to be real compelling evidence for this to occur. Best to talk to a lawyer.
 

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Every state is different. I have full legal custody and primary physical custody.

The child being young (and a girl - courts favor girls w mothers) it is a major change but I think she could prove it is still in the best interest of the child to move with the mother, especially since she is being left with her aunt (if this can be proven) and the lying about molestation (if this was documented).

But as has been pointed out, no matter how tight money is, consulting with an attorney is a given.

She *may* be able to get a free consultation under the guise of hiring the attorney for filing for full legal and physical custody...
 

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You really should be asking a lawyer in your state these questions. Where I live (FL), the custodial spouse cannot leave the state without first petitioning the courts and proving why it would be in the childrens best interest to be uprooted and move.
 
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