Can a judge order my daughter andIto move back to the state that I filed for divorce in if I had to move out-of-state to be with family?

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Can a judge order my daughter andIto move back to the state that I filed for divorce in if I had to move out-of-state to be with family?

I lived with my soon-to-be ex-husband in DE. We have a 3year old daughter. Due to empty promises and verbal/emotion/financial control and abuse, a PFA (protection from abuse) has been filed. I am from MI and have moved back to be with family. I had no where else to go out there. No friends. No family. I could not financially support myself out there to stay. I attempted for months to find a 2nd job, networked with anyone I met to find a place to live. The abuse becoming worse infront of my daughter, so I left. Can he order me back in some legal mumbo jumbo? I’m scared.

Asked on September 27, 2011 under Family Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Please calm down.  Your family can now help be the emotional support that you need at this time and you need to take a deep breath to get through this.  It is going to be a long road ahead.  You need to speak with an attorney in MI about what happened.  You really should not have left the state with your daughter and with out the court's permission.  But I can see an argument made for protecting you and your daughter given the PFA.  The court - not him personally - can order you back to DE and you need an attorney to help with this issue.  I hate to make you even more scared but some courts consider it kidnapping so let's get moving and make sure that you and your daughter can stay - at least temporarily - where you are safe.  Good luck.


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