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I have a daughter who is 14 with my ex husband, we changed ...

Customer Question

I have a daughter who is 14 with my ex husband, we changed countys from cass ot allegan county.It is not written in our custody papers about what time the child shall be picked up and dropped off and how many weeks in summer we shall each get.For years we just worked it out.A couple of years ago he decided we had to go by the guidelines if it wasnt written in our papers,I had to pick her up at 6pm no sooner on sundays and he wanted to stay 6 weeks in a row during the summer months in stead of us doing the he gets her for 2 weeks then I do and so on.No the Allegan guidelines say he has to do the driving because he is doing the parneting time,So I gave him a copy and told him I guess this is what we have to do now,of course now hes furious because it was okay for him to have me go by the guidelines and now he doesnt like what it says.So what do I do?I just think fair should be fair.
Submitted: 6 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 6 years ago.
Hello Customer:

Yes, you are correct. As the court orders are not specific in the arrangements, you would need to fall back to the guidelines as provided. If these guidelines say he is to do the driving then, he is responsible for the driving. If he is not willing to work this out, then your only other alternative would be to go back to court and work out a parenting arrangement that would be suitable for everyone.

But you are correct, if there is nothing specific in your court order, then both of you need to follow the guidelines as provided.

If you have to go back to court, you would need to go back to the county where the last court order was issued as that county has proper jurisdiction. If that county is now inconvenient, then you would need to file for a change of venue to the new county and have the parenting arrangement addressed there.

The court clerk should have the proper forms to petition for change of venue to the new county. In the alternative if the new county is not inconvenient, you can proceed with the modification of your parenting arrangement there.



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Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Customer: replied 6 years ago.
Reply toCustomers Post: We have already done the change of venue to the new county.We both had agreed to the change.The problem is he is refusing to bring her home and she missed a day of school because of this.Is there anything I can do to enforce the guidelines until we can get to court to make the parenting arrangements?
Expert:  Attorney & Mediator replied 6 years ago.
Thank you Customer for your response.

If it is your turn to have your daughter in your custody (as stated in the guidelines), then you can seek the assistance of the police to bring her home. The police will need to review your court order and the guidelines in order to assist in bringing her home to you. Unfortunately, you may meet resistance by the police as some police do not like to get involved in these custodial issues and would prefer the parents to resolve the issue at court. This is frustrating as the child is allowed to remain in the other parent's home until a court hearing is set.

I am not sure how your county police will respond, but per the court orders you can seek police assistance to bring her home.


Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
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Customer: replied 6 years ago.
His parenting time is every other weekend,this is in our court order.Would that help in enforcing the guidelines?
Expert:  Attorney & Mediator replied 6 years ago.
You mean in terms of the other provisions of the guideline?

Customer: replied 6 years ago.
Reply toCustomers Post: It states in our custody papers that he gets to have her everyother weekend.It doesnt state in the custody papers pick up time,drop off time and who does the transportaion.This is where the county guidelines come in.Sorry unsure of what you meant by other provisions of the guideline.
Expert:  Attorney & Mediator replied 6 years ago.
Thank you for the clarification.

I wanted to know if you were asking whether by having a parenting arrangment would automatically enforce the entire provisions of the guidelines. I would have said no, it would only enforce the provisions related to that specific "term" in the court orders.

Sorry for the confusion.

However to answer your question.

Yes, his parenting time as set by the court would enforce the guidelines in relation to the pick up, drop off and who does the transport as the issue of the parenting time is connected to those issues related to the guidelines.


Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

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