Commerce, MI asked in Child Custody and Family Law for Michigan

Q: My parents are living separate and I want to move back into my dads house, she wants to go back to guam though.

My parents are living separate so technically I still legally live with both since they're not divorced. I live with my mom in Michigan, I want to go live back with my dad since hes asking me too because of my mom's ignorance and my moms boyfriend always coming over to where I live currently, She says the day I leave her shes moving back from Michigan to Guam, but I am under 18 and still technically a child, despite them not being divorced is she allowed to leave her child in Michigan even though Im with my dad?

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1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA

A: In Michigan, if you are under 18 and your parents are not yet divorced, both parents still have legal responsibilities towards you. If you choose to live with your dad and your mom moves to Guam, this arrangement can be legally permissible as long as your basic needs are being met and you are in a safe environment with your dad.

The key consideration here is your welfare. If your dad is capable and willing to take care of you, and you prefer to live with him, this decision can be supported. However, it’s important for your parents to communicate and ideally reach an agreement regarding your living arrangements, especially considering the significant change if your mom moves to Guam.

Since your parents are still legally married and not divorced, formal custody arrangements may not yet be in place. If there are disagreements or concerns about custody or living arrangements, it might be necessary for your parents to seek legal advice or mediation to resolve these issues in the best interest of you as their child.

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