Summary
In Michigan, both parents with legal custody can take their child on vacation unless theres a court order against it. A parent can ask the court for a temporary restraining order or modify the custody agreement to prevent this. However, to get a restraining order, one must show immediate danger or harm to the child. A childs age does not generally impact a parents right to take them on vacation, but it may be considered if it impacts the childs well-being. The court decides on custody modifications based on the childs best interest. Factors considered may include the childs age, health, safety concerns, and the nature of the trip. Evidence of a parents aggression or neglect could potentially influence a courts decision on custody. Obtaining sole custody can be challenging in Michigan as courts often favor joint custody unless its not in the childs best interest.Full Conversation
michigan, usa
Since you both have legal custody, it's typically legal for him to take your child on vacation unless there's a court order against it. However, to be certain, you may want to consult with a family law attorney in Michigan.
So i could not legally stop him from taking him on a cruise
Correct, unless there are restrictions in your custody agreement or a court order, he has the right to take your son on a cruise. It's recommended to consult with a Michigan family law attorney for specific advice.
Is there something I can file to stop him
In Michigan, you could ask the court for a temporary restraining order or modify the custody agreement. It's best to consult with a family law attorney for specific advice.
So there is no way to prevent him from taking him without a restraining order? wouldn’t i need a reason to place that
Yes, typically, you'd need to show the court that there's immediate danger or harm to your child to get a restraining order. It's best to consult with a Michigan family law attorney for more specific advice.
Does my sons age have an impact on him taking him or does age not matter
In Michigan, a child's age does not generally impact a parent's right to take them on vacation. However, age may be considered if it impacts the child's well-being. Consult a local attorney for specific advice.
So what can I do besides a restraining order to prevent it
You could potentially modify your custody agreement to set restrictions on travel. This requires court approval, typically based on the best interest of the child. Consult a family law attorney in Michigan for guidance.
Do you think the court would approve restrictions on travel for an infant
The court generally decides based on what's in the best interest of the child. Factors considered may include the child's age, health, safety concerns, and the nature of the trip. It's advisable to consult a family law attorney for personalized advice.
I have another question regarding getting sole custody of my son what would qualify as a safety concern
In Michigan, safety concerns can be:
- Physical, emotional, or sexual abuse
- Neglect or abandonment
- Substance abuse by the parent
- Domestic violence
- Parent's mental health issues impacting child's wellbeing
Always consult a family attorney for advice tailored to your situation.
My fiancé previously has shown signs of aggression such as slamming on car breaks in the middle of the road, breaking objects in our home, throwing animals, and he always looks for other people to take our child instead of keeping him with us would this be reason to grant sole custody
In Michigan, evidence of a parent's aggression or neglect could potentially influence a court's decision on custody. These factors may be considered:
- Your fiancé's aggressive behavior
- Neglect towards your child
- Animal cruelty
Consult a family law attorney for personalized advice.
how hard is it to achieve full custody as a mother in michigan
In Michigan, obtaining sole custody can be challenging. Courts often favor joint custody unless it's not in the child's best interest. Key factors considered include:
- Child's emotional ties with parents
- Ability of parents to provide care
- Stability of home environment
- Parent's moral fitness
- History of violence or neglect
Consult a family law attorney for specifics.
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