Moving Children Out Of State Based On Order Of Protection

Question:

My ex-wife filed a personal protection order against me and moved to another state with our child several years ago. I haven’t seen our child since.

Was it legal for my ex-wife to move the child out of state based on an order of protection?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Michigan divorce laws where I am licensed to practice.

In general, a Personal Protection Order does not allow and/or prohibit a party from removing a minor child from the state where the child resides. In other words the personal protection order does not determine the location where the child will reside.

Additionally, orders of protection are not permanent in nature and most expire within a year – unless otherwise ordered by the issuing. Therefore, it is highly unlikely that this personal protection order is still in place today, absent extenuating circumstances.

The divorce decree should detail the child custody arrangement between the parties.

Also, it should delineate a parenting time arrangement for you and the minor child. If you have not seen your child in several years, then you need to petition the court immediately to begin parenting time and re-establish your relationship with your kid.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Ann Arbor Divorce Lawyer Laura D. Langenburg, contact Cordell & Cordell.

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