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State Support Forums >> Michigan
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jaypap
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Reged: 05/16/07
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How to inforce joint legal custody?
      #124570 - 08/14/07 01:35 PM (65.209.147.172)
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The ex wife has primary physical custody with lion's share of parenting time. Father gets the child 2-3 days a week in summer, 1-2 days during school.

Mother moves and enrolls child in new school. Since this falls under education, should the father have been consulted on change of school per joint legal cusgtody?

Same situation, mother moves and decides to home school. What recourse does father have?

Next situation, prior to mother leaving marraige home, child had regular pediatrician. mother now lives elsewhere and takes child to diferent doctor. (actually goes to different all the time, but that is a different issue). Dr. writes to mother and asks where child's records should be sent. She ignores letter. Father asks for joint discussion on who should be primary pediatrician for child. mother ignores, doesn't answer.

Can the mother unilateraly make decisions for school and health care without father's input? What if she wants to home school and father is against? Who is the arbitrator? Who makes the decision or does mother just do whatevere she wants? Does this require a motion or a complaint to FOC?

Some history. FOC recommended primary custody without contacting a single "person with information" including doctors, counselors, landlords where the mother lived alone, and others who have known mother for years. Father indicated mother fabricated disease attributed to child. FOC never investigated.

At trial, judge disregarded CPS agent't testimony that mother was living in squalor. he also disregarded landlords testimony from a second residence where the filth, smell of cat urine and visible cat poop were reasons landlord warned mother of eviction.

Judge disregard doctor's testimony that disease mother attributed to child was in non-existant.

judge diregarded counselor's testimony that mother had diagnosis of Munchausen's (where a person fakes, exagerates or makes themself sick to get attention).

Bottom line, judge was predispostioned towards mother. Absolutely nothing alleged about father other than his work schedule second shift and that he didn't attend church.

Now, in light of a judge like that, how to resolve issues?

Divorce decree was final March, 07.


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melanie14
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Reged: 03/11/06
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Re: How to inforce joint legal custody? [Re: jaypap]
      #125475 - 08/18/07 03:28 PM (12.218.144.185)
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Hi Jay, happened to see your post and it's a good question. Try putting it on the general board and you will probably get some more input! In my opinion, when you make a settlement in court you are both agreeing to it at the time. Then things change or whatever. Bottom line, courts do not have time to rehash everything from schools to doctor, sports, birthday places and such. There isn't a lot you can do! Sorry but thought I'd reply.

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mistake#2
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Reged: 07/19/06
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Re: How to inforce joint legal custody? [Re: jaypap]
      #127527 - 08/27/07 05:45 PM (71.100.160.237)
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Only thing you can do is to fill out paperwork through foc saying that she isn't following the court order. Unfortunately my ex does things that are against the court order and FOC simply tells me that they can't enforce the order but I can choose to bring him to civil court. So their advice is to deal with it myself.
Document and try to use it in the future for more visitation time...or hire an attorney and spend lots of money just for them to tell you the same thing that FOC told me.


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Samsung
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Reged: 06/14/07
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Re: How to inforce joint legal custody? [Re: jaypap]
      #127557 - 08/27/07 08:06 PM (71.221.46.191)
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Unless addressed in a divorce decree, children cannot move without the court's permission. In some state, in-states are easy to get; out of state moves are rarely granted if both parents are involved.

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