Q: My son took custody papers out for his son. So how can his girlfriend go behind him & do the same thing?
My son filed custody papers for his son. He is doing everything the courts has told him to do. Friday before Christmas he gets papers from Michigan from his girlfriend that she is filled custody papers to. The papers read he has so many days to fill them out & get the papers back. Well everyone knows nothing is open around Christmas. Well the main question is how can she do that if my son filed before her. And just letting u know my son ' son was born in North Carolina NOT' Michigan. They are trying to say that they want to hearing to be in Michigan that the mother is saying is his home state & it's not..she is getting by with a lot of lying.. why & how is Michigan letting her get by with this just cause she has money in the family & has a lawyer.. PLEASE help..and thanks..
A: Jurisdiction for custody case it's not based on where the child was born. And it's not based on who filed first. The Uniform Child Custody Jurisdiction and Enforcement Act, which has been enacted in every state with a few variations from state to state, determines which state has jurisdiction. If the child has lived in Michigan for the last six months, and is living there now, then Michigan is the home state. And that makes Michigan the proper state to determine custody. If the child has not lived in either state for the last six months prior to the filing of the action, then jurisdiction becomes a more complicated question. In that instance the court in Michigan and the court in North Carolina have to communicate, typically by telephone between the judges, to determine which state will assume jurisdiction. But that is only relevant if the child has not lived in either state for at least six months immediately prior to the filing of the action. A multi-state custody case is not something that should be handled without an attorney, in fact your son needs a very experienced family law attorney. If North Carolina is not the home state, i.e., the child has been living in Michigan for the last 6 months, then your son needs a Michigan family law attorney.
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