You want custody of your children. You need to find out where they are. Your wife has a new partner and they left with your children. Now you have no idea where they are. You need a location or an address to be able to serve them custody papers. How are you getting custody rights when you don’t know where the child is?
Click here to watch the video on Getting Custody Rights When You Don’t Know Where Child Is #ChooseGoldmanLaw
Learn as much as you can about your children’s whereabouts. To be able to serve the custody documents, you must have the information. Give your attorney the information and speak with them. You should be able to get counsel from your attorney. A word of advice on how to request custody. Your lawyer will need time to review the information you supplied. You took your sweet time deciding whether to file for custody. It will take some time for your attorney to locate your children. The process of getting the documents ready for the right filing will take time. Obtaining a court order and having it served will take some time. The court will inquire as to why you waited so long to petition for custody. You sat on your hands all this time.
How to file a custody case in Michigan?
When one of the parents opens or files a case, the custody process formally starts.
Think about your possibilities for deciding custody before filing:
[ a ] You can come to an agreement with the other parent and have the court sanction it.
[ b ] Alternative dispute resolution techniques like mediation and collaborative law can assist in reaching an agreement.
[ c ] You can request that the court adopt the Friend of the Court’s custody recommendation.
[ d ] If everything else fails, you can request that the judge make the choice during a final custody hearing.
You must open a case no matter which path you take. You might want to wrap up your negotiations first, though, if you intend to settle.
Your attorney can have the forms created and submitted on your behalf. Keep in mind that your county can have stricter filing requirements. For more information, get in touch with the Friend of the Court office in your area. When you are prepared to file, follow the instructions below.
[ 1 ] Determining the type of case.
Your case will be initiated at the county court’s family law section where you or your children reside. The domestic relations division or just family court are other names for this section of the court. You may petition for divorce or separate maintenance (legal separation) if you are married to the other parent. Child support, parenting time, and custody are all issues in both types of cases.
Parents who are not married must first establish paternity. Create a custody case if you’ve established paternity by sending the Department of Health and Human Services (DHHS) a notarized Affidavit of Parentage. Your affidavit may also be attached when the matter is first opened. Orders for parenting time and child support are part of a custody lawsuit. You can start a paternity case if DNA testing is required to establish paternity. It will also cover child support, parenting time, and custody. Instead, DHHS can offer assistance with DNA testing and child support. You can then file a custody case after that.
[ 2 ] Completing the required forms.
Fill out the necessary paperwork:
Complaint (Specify the nature of the case, the parenting schedule and plan you desire, and the reasons why your demands are in the best interests of the children.)
[ a ] Verified Statement
[ b ] The Friend of the Court Questionnaire.
[ c ] Affidavit for the Uniform Child Custody Jurisdiction and Enforcement Act.
[ d ] IV-D Child Support Services Application Form.
[ f ] The summons informing the other parent of the case.
You can utilize the interactive custody forms for unmarried parents or the divorce forms for married parents which are both available online. You could require additional forms, depending on your situation and county. For instance, submit a fee waiver request if you are unable to pay the $250 filing charge. Prepare a motion for an ex parte order if you have an urgent matter. You can substitute the interactive petition for a personal protection order for domestic violence emergency.
The plaintiff is the parent who initiates the action, while the defendant is the opposing parent. They both are in court. Some of the documentation must be signed in front of the court clerk or a notary and you must make at least four copies of each form. The court clerk’s office charges a fee to create copies in some counties. Only simple inquiries about the paperwork can be answered by the clerk. Even if you plan to represent yourself in court, make sure to have an attorney review the documents.
[ 3 ] Opening your case by submitting the required forms.
Deliver your completed paperwork to the clerk’s office together with payment of filing costs or a request for a fee waiver. Your custody case is now open. The Friend of the Court (FOC) office will be contacted about your case. Ask the clerk what to do next because FOC procedures vary by county. For service methods, you have two choices. Both certified mail and in-person service are available. Your case can be dismissed if the other parent is not properly served. If you are unable to serve the other parent, get in touch with the court clerk to go over your options.
[ 4 ] Serving your co-parent.
Within 91 days of filing, you must have the other parent served, or informed of the case and provided with copies of court documents. But you cannot carry this out on your own. According to Michigan law, the server must be above 18 and unrelated to the case. For service methods, you have two choices. Both certified mail and in-person service are available. Your case can be dismissed if the other parent is not properly served. If you are unable to serve the other parent, get in touch with the court clerk to go over your options.
[ 5 ] Wait for the response from your co-parent.
The other parent has 21 or 28 days to respond after receiving service in person or by letter, respectively. Your co-parent replies with a submission. Whether they agree or disagree with each of your complaints should be stated in the response. Your co-parent may moreover make their own grievances. In the event that they miss the deadline, the court will decide on their behalf. This means that the court will allow your petitions if doing so is in the children’s best interests. You should submit a response even if you approve of the plaintiff’s proposed solution in order to take part in the negotiation process. Simply state that you agree with all of the demands in your response.
With the exception of situations involving domestic violence, the next stage is a meeting with both parents and their designated FOC care manager. In either scenario, the case manager will outline the litigation process and your available options for alternative dispute resolution during this discussion.
How do you file a custody case for a child not living in Michigan?
Relocating can be an advantage for people. It is not easy if you have children in the middle of a custody case. Get consent from your co-parent or the court. When children accompanied by a parent crosses state lines, it will stir things up. You can get into a really serious predicament. Legal ones mostly.
Understand jurisdiction in custody cases.
Your custody case is filed in the “home state” of the child. The “home state” is where the child has established residence with a parent or a person acting as a parent. The child must have established residence for at least the last six consecutive months before the parent’s files of the custody case. There are exceptions to this rule. The temporary absence of the child from the state of Michigan should not affect the six-month rule. The child may have stayed less than six months. This means the birthplace becomes the reference. The “home state” is the state where the child has established residence from birth.
If you recently moved to a new state with your child, you can apply for emergency jurisdiction. You might not be permitted to do so until you’ve lived there for at least six months. A court may have already decided on a custody agreement. As long as one parent continues to live there, you might need to submit a petition to the court asking for a modification. We firmly urge speaking with a lawyer regarding your particular circumstance.
The child’s native state may not have jurisdiction over a custody issue. This only occurs in a select few circumstances. A parent may approach a court in a state other than the one where the child resides to grant custody of the child. A parent may demonstrate that their child’s home state is an “inconvenient forum.” The native state will not claim authority. The home state court must take a variety of factors into account. These factors determine whether or not it should be viewed as an inconvenient forum. The parties’ locations can make the forum unattractive. The financial situation of the parents can also be to blame.
Get legal representation.
A child subject of a custody case might cross state lines when they go with a parent. The other parent can file a custody case. The co-parent can pursue the case even outside state jurisdiction. It will cause an interplay between many laws across county, state, and federal. This will need an attorney with expertise in interstate custody matters. Your attorney should have familiarity with the family laws of states having jurisdiction.
Start a custody case across state lines.
The only way you can get the gears of the legal system running is to file a custody case. Before doing so, engage a family law attorney. Determine the child’s home state to file the case in the right jurisdiction. Prepare documents your attorney will need to open the custody case. File the case and serve the other party.
How do you file for custody of a child with no known address?
You got divorced. Your relationship is not exactly friendly and your wife has a new partner. They decide to leave Michigan with your children and you don’t even have an address. Now you want custody. How are you going to find them if you don’t know where they are? You need to serve custody papers. Here’s what you can do.
Gather information and seek help.
Your lawyer needs details. You must start a custody case. Help your attorney access the information or obtain it. You require details about the child and their whereabouts right now. The most recent custody decree, if any, will also be required by your lawyer. After providing the necessary information, seek advice from your lawyer on how to expedite the process.
Contact local law enforcement.
Law enforcement is the most widespread government function. It is the most interconnected function in every state. You can use the local enforcement departments in the search for your child. Law enforcement has already the network, data, and resources to search for missing persons.
Open a child custody case.
Collect data and work with a lawyer. Submit the required documents. Submit the documents to the appropriate court. Begin the custody process. A custody case can be filed using a certain procedure. The cost of filing varies from state to state and county to county. Make use of your attorney in navigating the state’s legal system.
Tap institutional resources and agencies.
Use resources and groups committed to finding missing children. Seek out organizations like the NCMEC (National Center for Missing and Exploited Children). community support networks and local child welfare agencies. These groups can provide help and resources. They can provide guidance while the search for the child continues.
There is no definite statute of limitations in Michigan for child custody cases. There isn’t a specific time limit for submitting a child custody case. Child custody disputes can begin at any time. The paperwork can still be filed. No matter how much time has passed after the separation of the parents. No matter the time after the birth of the child. The best interests of the kid are prioritized while making custody decisions. The court cares about creating a safe atmosphere. An environment that is suited for raising the child.
Subscribe to our YouTube channel today for more advice on Family Law!
Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.