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Child Custody


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#1 KKHunter55

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Posted 11 February 2013 - 07:22 AM

My son gave up sole legal and physical custody to the mother of his son in Michigan. He has and continues to pay for support. He resides in California now while the mother resides in Michigan. He would like to get joint custody at this time. What are his chances?

#2 pg1067

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Posted 11 February 2013 - 07:57 AM

He has a 27.83% chance of succeeding.

Seriously, how on Earth do you expect us to know? You provided no relevant facts whatsoever.

#3 KKHunter55

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Posted 11 February 2013 - 08:33 AM

The fact is my son made a mistake he wants to rectify it. Under normal circumstances can his rights be returned, or does the court consider his initial consideration etched in stone.

#4 pg1067

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Posted 11 February 2013 - 09:02 AM

That you believe or that your son believes he son made a mistake is not a fact; it's an opinion.

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?

#5 KKHunter55

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Posted 11 February 2013 - 10:24 AM

My son was never married to the mother of the child and paternity was establihed. There is a court order that gives the mother sole legal and physical custody with no prior court order. At the time he believed he would still have visitations but this is not case. This event transpired upon his return from Iraq and was not in the right frame of mind. The papers I believe were filed in 2009. He would like to have more involvement with his son and hopes that summers could be spent with him in California or at least be able to spend time with him in Michigan. When he has visted in Michigan she denies him the right to see him. As grandparents we are denied that right also, in spite of the fact they have asked us for money for tutoring and a physcologist for our grandson and we readily provided it. We did recieve a letter from the physcologist that stated a more structured family and more grandparent involvement would be helpful for Noah.

#6 FindLaw_Amir

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Posted 11 February 2013 - 10:36 AM

In almost all situations, a court will keep one primary question in mind when deciding a custody case, namely, what is in the best interests of the child. To learn more about this subject matter, you may want to visit the Family Law Center and read Child Custody as a good resource.
FindLaw's Legal Heads-Up! newsletter can provide you with the legal resources you need to make informed decisions when law touches aspects of your everyday life.

#7 pg1067

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Posted 11 February 2013 - 10:43 AM

It sounds like the court ordered that the mother would have "sole legal and physical custody," but it's still not clear what you meant when you said your son "gave up sole legal and physical custody to the mother," and that's really important.

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.

#8 KKHunter55

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Posted 11 February 2013 - 10:54 AM

Thank you for your response. The information is very helpful.




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