Posted 11 February 2013 - 07:22 AM
Posted 11 February 2013 - 07:57 AM
Seriously, how on Earth do you expect us to know? You provided no relevant facts whatsoever.
Posted 11 February 2013 - 08:33 AM
Posted 11 February 2013 - 09:02 AM
Here are some questions the answers to which would be helpful:
1. Were your son and the mother of his child ever married?
2. If they were not married, was his paternity ever established?
3. Is there a current court order that says the mother has "sole legal and physical custody"? If so, was there a prior court order (before the time your son "gave up sole legal and physical custody") that said something different?
4. What exactly do you mean when you say your son "gave up sole legal and physical custody to the mother"?
5. How long ago did he do this?
6. Does your son currently have visitation with his child? If so, how frequently does does he see his son and where does the visitation occur?
7. What has changed about your son's situation (other than his relocation to CA), the child's situation, and/or the child's mother's situation that would warrant a change of custody at this time?
8. How does your son believe "joint custody" could work as a practical matter with him in CA and the mother and child in MI?
Posted 11 February 2013 - 10:24 AM
Posted 11 February 2013 - 10:36 AM
Posted 11 February 2013 - 10:43 AM
I suggest that your son consult with a family law attorney in the area of Michigan where the prior court order was entered (and where the mother and child presumably reside). Such an attorney can give your son an idea of his chances of success and what is likely in terms of visitation.
My guess is that joint physical custody is not likely to happen. It wouldn't make sense given that the parents reside 2,000+ miles apart. I think joint legal custody is reasonable, and I would expect your son will get some sort of visitation. Supervised visitation in Michigan is probably more likely to start, but eventually, longer visitation at your son's home in California should be possible.
As a grandparent, you may also be able to seek visitation, which may be possible other than when your son has visitation (I'm assuming you live in roughly the same area in MI where the mother and child live). Again, consult with a local family law attorney.
Posted 11 February 2013 - 10:54 AM
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