Having custody is already complex when it comes to varying circumstances of cases. The complexity is on the court’s decision or arrangements resulting from the hearings and presentation of evidence. Meanwhile, other circumstances have family law custody cases involving other states. Moreover, the main topic in this article is the circumstance of a custody case in Metro Detroit, Michigan. In particular, there is a violation of the custody arrangement, as the parent transferred to another state. Under this main topic is the question, “How do I know which state court to bring my custody case?”
What If My Spouse Violated the Custody Arrangement Made in Michigan and Went to Another State?
If ever this circumstance occurs without the consent or communication to the other parent or request for changing custody agreement, the parent who violated can be charged with kidnapping. Taking away the child is known as the Parental Kidnapping Prevention Act (PKPA) to make sure that all fifty states give credit for all custody and visitation orders. It was a common thing in the past for one of the parents to relocate to another state and obtain a custody arrangement that was more beneficial to them. However, through the PKPA, Metro Detroit courts will now know whose custody orders are valid. Furthermore, the court reviews when they are permitted to issue custody orders or changes of their own, and when to enforce the custody orders of another state. A court should not implement directives issued by states that do not have the legal authority to do so. They should carry out orders issued by the state with proper jurisdiction.
Determining the State Courts Effective to Raise Custody Cases
The Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) governs the jurisdiction of interstate custody cases. In the following instances, the Michigan Court has only limited jurisdiction:
- Within the last six months, it is or was the child’s home state, and a parent or guardian still resides in Michigan.
- No valid home state exists, or the home state has rejected to hear the case. There must also be personal ties between the kid and the state or facts relevant to the custody dispute.
- Both of the aforementioned states declined, claiming that this is the ideal state to hear the case.
- None of the above were interested in the case.
The Michigan courts can take temporary emergency jurisdiction over the case if the child is present in Michigan and is abandoned or in danger.
Lawyers of Metro Detroit, Michigan Family Law Take On Custody Cases Involving Other States
Any breach of custody agreements is hard, especially if there is a movement to other states. The best way to deal with this is if communication between parents no longer works, one must not put matters into his or her control. Goldman and Associates Law Firm is one of the family law professionals that can assist you in this matter. The advantage of seeking advice from specialized legal services is that they can assist you with your particular needs. Do not hesitate to reach them through this number (248) 590-6600 or you may immediately book an appointment 24/7 via website.