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interstate motions 2

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#1 vap1962


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Posted 20 February 2013 - 07:05 AM

If my divorce orginated in MI, and I am living in CA and my ex is living in IN, where does he have to file a motion for any issues concerning our thirteen yr old. I had my MI divorce recorded in CA,

#2 Guest_FindLaw_Amir_*

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Posted 20 February 2013 - 09:01 AM

Did you domesticate the divorce decree in California? Where is the 13 year old living?

#3 Ted_from_Texas


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Posted 20 February 2013 - 09:07 AM

The court with jurisdiction is the one that issued the original custody order or its most recent modification. In your case that would presumably be the court in Michigan, unless there has been another custody action since your divorce. Under certain circumstances the custodial parent can transfer ("domesticate") the custody order to the state and county where he or she has relocated with the child. Consult local counsel.

#4 pg1067


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Posted 20 February 2013 - 09:43 PM

I agree with Ted. In California, to "record" something means to submit it to the county recorder, and that is not sufficient to domesticate your MI order in California. If you meant something else when you say that you "had [your] MI divorce recorded in CA," you should clarify exactly what you meant.

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