Family Law Questions? Ask a Family Lawyer Online.
HelloThis is Samuel and I will discuss this and provide you information in this regard.Please tell me the following so I can ensure I provide accurate information to you.1 - You are on the birth certificate?2 - There is no current court order for custody or visitation? If yes, from which state?3- How long as the Mother been living in CA? Did she live in Michigan with your daughter prior to that? If not, where was your daughter living for at least the past 6 months?
HelloThank you. If you are on the birth Certificate then you have standing to file for custody. If the child has not lived in CA for at least 6 months, you can file for the custody in Michigan in the county where you live and you can have the Mother served in CA via a process server who will ensure it is all done correctly.When you file for the custody or visits, you can request the custody be awarded to you on a temporary basis but you would need to show it is an emergency situation, such as the Mother is neglectful or abusive or just does not keep good company and the child is at risk of being in harm's way.
OR you can forego that and just file the custody, have her served, and she will have 30 days to respond.
She should not be withholding visits, but without a court order she is under no legal obligation to allow visits. So if you do not want full custody, you can file so that you have visitations court ordered. I suggest you come up with a schedule that is conducive to your schedule and that of your daughters and you will want to consider such things as transportation, how and costs and who will pay. Many times both parents contribute to the travel.
You can file this on your own and get the documents to file from the clerk of the court. But because she is out of state and may try for a change to the state of CA, you also could consider at least a consultation with a local attorney to help get the ball rolling and be ready to take it on should the Mother try to have the matter moved to her state and county.
Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.Thank you
HelloThank you. If you file it yourself, it is going to cost between $125 and $150 for a filing fee. It depends on your county. They vary county to county. Then you will need to consult with different process servers to see what they will charge. It could be another $200 to $300 because it is out of state. But you need to take into consideration that she will oppose it and that it could get tied up in the courts and could cost you more.If you hire a local attorney, it could cost $3000 to $5000 as a disputed and contested custody battle.
Here is a LINK you can review that might be helpful to you. You also could consider a legal aid agency that helps Fathers with custody issues.
And here is a LINK for legal aid in Michigan.
You're welcome. Good luck and thanking you in advance for a positive rating as that is the only way I get credit for my time and information.