Legal Question in Family Law in Michigan
Child visitation
My divorce was final September 2004. I, the mother and defendant, was awarded sole physical custody of my two minor children ages 14 and 4. Their father and I share joint legal custody. We opted out of the friend of the court services and never set up a definite visitation schedule. Their father owns a couple of businesses, travels often, and hasn't spent much time with his children. However, recently he has been demanding to take them every other weekend to Jackson, MI which is two hours away from where I live with them. Neither of my children want to go away with him, and would rather form a relationship with him on a regular basis in their own hometown. Their father wants to take them even though they are protesting, fearful, and hysterical. Does sole physical custody give me any rights as to the emotional protection of my children? I have attempted since last July to set up regular visitations in our hometown, but their father has not been consistent. I feel that if he would be consistent and form a relationship with his children eventually they may consider going out of town with him without having to be so fearful. What are my rights as to having sole physical custody?
3 Answers from Attorneys
Re: Child visitation
Even though you did not set up a visitation schedule, and you have sole physical custody of the minor children, your ex husband has some rights to visitation, but it depends on what is reasonable. Taking them two hours away if he has a home there would probably be considered reasonable in the eyes of the Court. At least you don't have to take them there - he's nice enough to pick them up. Even though they may not like it now, it's important for them to form a relationship with their father, and it will mean something to them down the road.
Re: Child visitation
Take the issue up with the judge. that's what they are for. Chances are, your ex will be allowed to take them to Jackson, but perhaps the court will allow you to ease into the situation. However, since the judge is going to eventually allow it anyways, you would be better off keeping the court out of it and working out a visitation arrangement to get the kids more familiar with your ex and then allow the travel. Bill Stern 248-353-9400
Re: Child visitation
I would memorialize your concerns to him in writing(ie. letters). If the matter goes to court, you will have the letters to back up your assertions regarding visitation. Make sure you document that you are not denying visitation, but rather that you are concerned about the children traveling to Jackson to exercise visitation and the emotional impact it appears to be having on the children. For more info., please contact my office at (248)851-3171.
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