When you discuss child custody, you are addressing two issues. You are referring to both legal and physical custody. Physical custody is where the children spend most of their time sleeping and living. Whoever has legal custody of the children decides what are best for them children. Both parents have legal custody, and only one parent may have physical custody. One might have both. How will you deal with an ex leaving the country who has sole custody of your children?
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You might not have much say in whether your ex-spouse takes the children on vacation for spring break. Having exclusive custody and your ex leaving the country is another matter. It will be different if your ex-spouse takes your children outside the country. A petition for a change in legal residence must be submitted by your ex-spouse. Your attorney can file your objection, after which the court will decide whether to grant it. There may not be a better but it may be the only choice available to you.
What does having sole custody really mean for a parent?
People frequently have preconceived notions about what a particular term signifies. They get their knowledge of the legal system from movies and television programs. The problem with that is that each state has different definitions and laws. The term “sole custody” can have different meanings in different states. Their definition may differ from the one used here in Michigan. This is analogous to the fact that the term “date rape” is not used in Michigan. It does not have a legal definition here in Michigan.
Most people understand “sole custody” as a single parent having sole custody of their child. Keep in mind sole legal custody and sole physical custody are two different things. In Michigan, they can be used interchangeably. Legal custody is the term used to describe a parent’s ability to make crucial choices in the upbringing of their child. This would encompass the child’s schooling and driving license. It could include elective dental, and medical treatment. This also includes religious teaching. Physical custody refers to the primary residence of a child.
In Michigan, one parent can be granted exclusive physical custody. This means the child spends most of their time with them, but both parents share joint legal custody. It is quite conceivable for a child to live primarily with one parent, yet both parents have an equal say in the child’s upbringing. In such a scenario, one parent would not have sole legal custody but would have sole physical custody.
As a parent, you would want to be the only one making decisions. Decisions about how your child is to be raised. You would want to be the only one taking part in the big decisions your child faces every day. You would need to have both sole physical and sole legal custody of your child to be able to do all that.
Even if you have sole physical and legal custody of your child, the other parent may still have an opinion. When a child is with either parent, that parent gets to make daily decisions about little issues but not big ones. Regardless of who gets sole physical custody, it is extremely likely, the other parent will receive parenting time or visitation with the child. It will be so unless the court finds it harmful for the child to see the other parent, which is not very often.
Does having sole custody mean being free to take my children anywhere anytime?
The things you may do as a family should not be restricted because you share custody of your child. Take a moment to review your custody agreement and parenting plan. Consider doing this before you make your dream travel plans. Does it guide you on how to approach travel?
Vacation clauses specify how to inform the other parent of impending trips. These clauses are common in custody agreements. These clauses can set restrictions on what you are allowed and not allowed to do. Your custody agreement contains specific guidelines for vacations, you must abide by them. Or, ask the court to make changes.
Your custody agreement will require that the other co-parent signs off on your travel plans. If that is the case, you cannot leave the country without the co-parent’s consent or permission.
Even if your agreement does let you take your children out of state, that doesn’t mean you can just pack up and leave. In the majority of circumstances, you will need to gather documents. Papers to make aware the co-parent of pertinent information about the travel.
You must in particular offer proof that addresses the following issues:
[ a ] Where are you going on your trip?
[ b ] With whom will you and your child be traveling?
[ c ] How much time will you be on the road?
[ d ] How can the co-parent get in touch with you if needed?
[ e ] You should also give the co-parent a thorough itinerary if at all possible.
As the co-parents, you both sign the document and have a notary public present.
If you have joint custody of a child in Michigan, you are not permitted to leave the state, according to the law. You may move within a 100-mile radius of where you were living. It is part of the custody arrangement, provided you continue to live in Michigan.
You may leave the state if you have sole legal custody, but only if the court permits you to do so.
What’s the consequence of leaving the country with the children?
Gaining court approval for a move is far more difficult. More particularly so when the parents share joint legal custody. As against one parent having sole legal custody. The reason for this is that both parents have a legal custody arrangement in place. Both are actively involved in the child’s upbringing. Both provide support, comfort, and essentials. If one parent moves to another state with the child, the other parent’s ability to regularly visit the child will be hampered.
You cannot leave the state or the country without the express consent of the other parent. You would violate the court’s order and risk losing your parental rights if you do so.
If the co-parent and you are unable to agree on your vacation itinerary, speak with your attorney. It could be time to ask the court to change your custody arrangement.
Here’s another thing you should watch out for, especially if your custody battle was a contentious one.
It is possible to be accused and to be found guilty of parental kidnapping. It can happen even if you are a parent with legal custody of your child. It can arise when separated or divorced parents have a set parenting time schedule. And one parent doesn’t adhere to it. A parent who plans to keep and hide a child from the other parent may be charged with parental kidnapping. A crime that carries a penalty of fines or jail time.
A person is guilty of parental kidnapping in Michigan if the prosecutor establishes the following without a shadow of a doubt:
First, the fact that the person abducted the child or kept the child for longer than 24 hours.
Second, the person had the intention of keeping or hiding the child from the parent or guardian. The parent or guardian at the time had legal custody or visitation rights. It is a person who had adopted the child, or a person who had legal custody of the child.
Violating a custody or parenting time order is a serious offense. So is parental kidnapping. Call your attorney if you are experiencing difficulties in custody and parenting time.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.