Legal Question in Family Law in Michigan
enforcing visitation
I have a 4yr child who lives in Mi. I was never married, but I have court ordered visitation. For the last three years I have been trying to see my daughter, but the mother moves around and disconnects the phone when I find her. I have to pay pi's to find her.I live in FL where th original order took place. In Feb I had a hearing which the mother was a no show. They found her in contempt &she had 10 days to turn the child over to me, she did not. I have no way of contacting her, but they said I now have to get a MI lawyer to enforce in Mi, but there is a 21 day waiting period before they can enforce the FLorder.WHY IS THIS? AND WHAT DOES THIS MEAN? what other legal action can I take against her for her hiding my child?
2 Answers from Attorneys
Re: enforcing visitation
While I cannot comment of Florida law, the 21 day waiting period is probably similar to the 21 day waiting period in Michigan to enforce a judgment. In Michigan, this period is the time in which a party has to appeal a judgment.
I'd be happy to discuss this with you in further detail. I can be reached at 586-979-7302. Good luck.
Janet Ziulkowski
Tel. 586-979-7302
Fax. 586-979-7270
www.ziulkowskilaw.com
Re: enforcing visitation
The waiting period is because a party can appeal within that time period. But in reality, an order is immediately effective. With a Michigan judgment and a mother hiding a child, you may be able to file parental kidnapping charges. If you know where the mother is, it will be fairly easy to get a sheriff to execute. If you do not know where she is, then the kidnapping charge may be the way to go. However, keep in mind that if the mother is arrested, it may be traumatic for your daughter. If custody is changed rapidly, it also could be fairly traumatic. If you want to talk further, give me a call. William S. Stern 248-353-9400
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