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My son is divorced, he has shares joint custody of two minor

Resolved Question:

My son is divorced, he has shares joint custody of two minor children with x-wife since 2002.
Earlier in 2010 the x-wife decided to remarry and relocate in the State of Georgia, she tried to
convince my son to give her permission the take the children from State of Michigan to
Georgia. He denied her request. As far as I know, nothing ever went to court to change
the joint custody legally. She told him if he agreed to let her take them for the summer
that she would bring them back to Michigan to attend school because the two minor children
didn't want to go to school in Georgia. We made up a document stating this agreement and
Mother and Father signed and document was witnessed. Minor children left with Mother
in June, 2010 and returned in August, 2010 so minor child could tryout for Volleyball. Because
of economy in Michigan my son left state for job interviews, he signed document giving his
parents guardianship in his absence on August 19, 2010. My question is did we or he have
to notify the Mother of minor children of his absence?
Submitted: 4 years ago.
Category: Family Law
Expert:  Barrister replied 4 years ago.

Hello,

 

Typically a parent only has to give notice the the other parent if they are moving within a state and taking the children with them. In this situation, since he is having his parents assume a temporary guardianship and is not taking the children with him, there would be no obligation for him to notify her as to his out of state job search. As long as he was leaving the children with a competent and capable caregiver, he can't be accused of any wrongdoing.

.

If he is able to secure employment in another state, he would have to notify his ex and file a petition with the court for the judge's permission to move. However, typically a job offer is considered reasonable grounds for a judge to allow a move, even over the objections of the other parent.

.

.

thanks

Lawpro

 

 

 

Barrister, Lawyer
Category: Family Law
Satisfied Customers: 24561
Experience: Attorney with 14 years experience
Barrister and 7 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
The Mother is in Michigan to take children with her because she feels my son did her wrong by not notifying her that he was out of state. Do we have to release them to
her custody?
Expert:  Barrister replied 4 years ago.

If he has executed a legal temporary guardianship leaving the children with you, then no, you would not have to give them to her unless it was her stated custody time. If it was her time, you would have to deliver them. As long as he has arranged for appropriate temporary custodians to watch the children while he is away, she has no legal rights to take them back.

.

Unless she gets a judge to agree with her and issue an order for you to release them, you would be under no obligation to do so.

.

.

thanks

Lawpro

 

 

 

Barrister, Lawyer
Category: Family Law
Satisfied Customers: 24561
Experience: Attorney with 14 years experience
Barrister and 7 other Family Law Specialists are ready to help you

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