Farmington Hills, MI asked in Child Custody and Family Law for Michigan

Q: Non-custodial parent moved out of state without permission. Court soon, what to expect?

We have specific parenting time, in which he has not done in over 3 months. I have submitted forms for both full legal (we now haVE joint legal and I have sole physical) and parenting time enforcement. He has only contacted them 3 times since he's been gone. I want to keep our current summer parenting time (every other week). Will they allow this? He now lives about 8 hours away. Will he be responsible for travel? At what age do they ask what the children want? They do not want to spend more than a week at a time there. It's not the ideal environment for them but I do still want them to see their dad. I'm almost positive he will not show for the hearings, what will that mean for me and what I would like our parenting time to be?

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: If he doesn't show up, the court will likely grant you the relief you want. Just know that a court can only order specific parenting time; they cannot make a parent actually exercise it.

Generally, as the parent who moved away, he would be responsible for all or a significant portion of the cost to exercise parenting time.

Courts generally don't ask kids under 14 which parent they prefer, and even when they do, the judge uses the kids' opinion as just one of several factors in deciding custody and parenting time. It is never the case where a child says "I want to stay with Mom", and that's the end of the story.

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