My ex husband filed for a modification of our parenting plan seeking physical custody of our two children. We were sent to mediation and no agreement could be made. Our kids already hate going to him for the summer begging to come home by 3 weeks time. I moved to Michigan in jan of 2010 which he agreed to. The kids live with myself and my now husband and there two half siblings in Michigan and my ex is still in Florida. He filed everything there. Our divorce was there as well. My question is since we meaning the kids and I have lived in mich for this long can I file some how to have the case moved here to Michigan?
1 Answer from Attorneys
It is possible but like anything else the "possibility" is factually driven. The answer lies in part in the Uniform Child Custody Jurisdiction and Enforcement Act (the “UCCJEA) there is a provision under Michigan law that allows for temporary emergency jurisdiction.
See this link http://legislature.mi.gov/doc.aspx?mcl-722-1204 (MCL 722.1204). I would need more information to give you a complete answer... how did the FL Court gain jurisdiction etc. Feel free to contact my office.
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