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Attorney & Mediator
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Experience:  Attorney & Certified Mediator
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I am in the middle of a custody case, and I live in the State

Customer Question

I am in the middle of a custody case, and I live in the State of Indiana and the child's father lives in Michigan state. I have never lived in the state of Michigan since 1995. This has been an ongoing custody with conflict of interest. We had recently went through a custody court in the state of michigan where they gave the father physical custody even though he couldn't prove anything. Also, I had gotten a protection order in the state of indiana, when I picked up my child for visitation and served him with the protection order he hasn't once tried to pick up the child from visitation. We go to court on Monday Nov 3rd. The minor child has been abused in the state of Michigan from the father, and we tried to get a restraining order for the minor child, but the state of michigan refused to protect my child. Can Indiana assume jursidiction since now she is in school here?
Submitted: 5 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 5 years ago.
No. So long as one of the parties to the case is still a resident of the state that issued the original orders, that state under the UCCJEA continues to have exclusive jurisdiction of the custody case. Indiana would refuse to take jurisdiction because dad remains a resident of Michigan. Only when all parties have left MI, could Indiana take jurisdiction.



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Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . 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 recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner. Thank you.

Customer: replied 5 years ago.

What happens if all parties in the jurisdiction is in conflict of interest and they are not protecting and doing what is best interest of the child?

 

 

Expert:  Attorney & Mediator replied 5 years ago.
I just noticed your additional information which came after I posted my answer, so I did not have a chance to review that information until now. When there is an urgent need to protect the child, you can retain custody of the child in Indiana and immediately file an exparte hearing in Indiana to give you temprorary custody in that state. However, the rest of the hearing as to the custody orders would have to be addressed in MI. It will be your burden to file a change of venue to Indiana and you would have to prove in your motion that there is conflict of interests in all levels. This is a tough burden to meet, but if you say there is a conflict of interests, it is your burden to prove it in a MI court for the Judge to grant the change in venue. Only the Judge in MI can grant the change of venue to IN.



If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . 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 recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner. Thank you.

Customer: replied 5 years ago.

what if the courts in Michigan refuses to listen to any of my motions?

 

 

Expert:  Attorney & Mediator replied 5 years ago.
Well, then you cannot transfer jurisdiction. There are no loopholes to get around this.

If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . 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 recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner. Thank you.

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