Can I obtain sole legal and physical custody of my daughter if her father is unstable and moves away on a whim?

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Can I obtain sole legal and physical custody of my daughter if her father is unstable and moves away on a whim?

My daughter is 3 and her father (non-custodial parent) is moving to another state. This was very sudden that he informed me and has not contacted the court about any of this and I do not believe he intends to. He has proven to be unstable as well. He has alcohol and anger issues proven to the court.

Asked on June 20, 2015 under Family Law, Michigan

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You have grounds for seeking sole legal and physical custody of your daughter based on the father's instability, alcohol abuse, anger and suddenly moving to another state without him notifying the court.

You should file with the court an Order To Show Cause requesting a hearing for the change in custody.  You should also file a declaration signed under penalty of perjury stating the facts in support of your request for a change in custody.

The documents required by the court may vary from state to state.  Therefore, it would be advisable to check with the court clerk regarding the documents the court requires to be filed in this matter.

You also want to attach a proof of service to the documents you file with the court and serve the father by mail with a copy of the documents.

 


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