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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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I currently have joint legal and physical custody of my

Customer Question

Hello! I currently have joint legal and physical custody of my daughter. Her dad has visitation Tuesday evenings overnight and every other weekend. Holidays are outlined by standard Friend of the Court guidelines. I am engaged and intend to move to Fl with my fiancé, who is a resident of Fl and has been for 14+ years. I also have a job offer in Fl that significantly increases my income. My question is, before we apply for the courts permission to move and change cuatody, should we legally marry? Will that make the approval process easier if we are already married?
Submitted: 5 months ago.
Category: Family Law
Expert:  Samuel II replied 5 months ago.


This is Samuel. I will discuss this and provide you information in this regard. Thanks for your patience while I type my response.

In the meantime, please tell me - does the Father enjoy his visitation schedule with the child - in other words, is he following them?

Also can you tell me how the move is going to benefit your child and what type of alternate visitation schedule you will be offering?

Expert:  Samuel II replied 5 months ago.

Being married or not is not going to be the determining factor. It will be how you can show that the child will be better benefited by the move.

Expert:  Samuel II replied 5 months ago.

Under Michigan law, the court is required to analyze the best interest factors set forth in MCL 722.23.

Expert:  Samuel II replied 5 months ago.

722.23 “Best interests of the child” defined.

Sec. 3.

As used in this act, “best interests of the child” means the sum total of the following factors to be considered, evaluated, and determined by the court:

(a) The love, affection, and other emotional ties existing between the parties involved and the child.

(b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any.

(c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.

(d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.

(e) The permanence, as a family unit, of the existing or proposed custodial home or homes.

(f) The moral fitness of the parties involved.

(g) The mental and physical health of the parties involved.

(h) The home, school, and community record of the child.

(i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.

(j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.

(k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.

(l) Any other factor considered by the court to be relevant to a particular child custody dispute.

Expert:  Samuel II replied 5 months ago.

You could show that it would benefit the child by being in a more stable relationship committed to marriage. But the court must evaluate according to that section of the code.

Expert:  Samuel II replied 5 months ago.

You can review this Case where the court made a ruling in a request in the matter of Rittershause v Rittershause

Expert:  Samuel II replied 5 months ago.

Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures i get credit for my time.