Prevent Out Of State Travel

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Summary

To prevent your child from being taken out of state without your consent, file an emergency motion. Include points based on Wayne County’s Best Interest Factors, such as emotional ties and safety concerns. Submit the motion to Wayne County Family Court and ensure the noncustodial parent receives a copy. Attend the scheduled hearing to present your case. Consider adding evidence of your childs discomfort and proof of the noncustodial parents work commitments. Document instances of your childs discomfort, get statements from neutral third parties, or seek a professional assessment if necessary.

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Keoni Mundy
Hello Keoni Mundy, I'm here to provide you with legal information. Could you please explain your situation or the legal issue you're facing?
I will be filing emergency motion that states I am requesting the court’s urgent intervention to prevent my child from being taken out of state by the noncustodial parent, Steven T. Diehl’s family, without her father’s supervision and without my consent. According to our current custody order, Steven Diehl is scheduled to have visitation with our child starting this Sunday, August *, *, at * PM until the following Sunday at * PM. However, I have learned from our child, Riley Luna, that during this visitation period, she is expected to travel to Jellystone Park, which is out of state. Steven Diehl will not be accompanying her on this trip due to work commitments. Instead, she will be in the care of his extended family members. Unfortunately, Steven Diehl has consistently refused to communicate with me regarding his visitation plans. I was not informed about this trip directly by him but rather found out from our child. This lack of communication is deeply concerning as it prevents me from ensuring our child’s safety and well-being during his visitation periods. Furthermore, Riley Luna has expressed significant worry and discomfort about going on this trip without her father. She feels uneasy about being with extended family members in an unfamiliar environment. As her custodial parent, I am very concerned about the potential negative impact on her emotional and physical well-being if she is forced to go on this trip. Our custody order does not specifically address out-of-state travel without mutual consent. Given the circumstances, I believe it is in Riley Luna’s best interest to remain in a familiar environment, particularly since her father will not be there to supervise. Additionally, I request that the court mandate that the noncustodial parent must communicate with me regarding any travel plans that involve our child via our court-ordered Our Family Wizard messaging app. Additional Points Based on Wayne County’s Best Interest Factors: *. Emotional Ties (Factor (a)): • Riley has expressed her discomfort and worry about being away from her parents during the trip, indicating that her emotional needs may not be met by being with extended family members she does not know well. *. Capacity to Provide Love, Guidance, and Education (Factor (b)): • As her custodial parent, I am concerned that the extended family members may not provide the same level of love, guidance, and care that she is accustomed to. Riley’s best interests are served by being with a parent or familiar caregivers who understand her needs. *. Capacity to Provide Food, Clothing, Medical Care, and a Safe Environment (Factor (c)): • Riley’s safety and well-being are my top priority. Without her father present, I have concerns about the capacity of extended family members to provide a stable and safe environment, especially in an unfamiliar setting. *. Length of Time in a Stable, Satisfactory Environment (Factor (d)): • Riley’s routine and stability are crucial for her well-being. An out-of-state trip without a parent disrupts this stability and places her in an unfamiliar environment, which could be distressing for her. *. Moral Fitness of the Parties (Factor (f)): • The refusal of the noncustodial parent to communicate with me about this significant change in visitation plans raises concerns about his willingness to cooperate in Riley’s best interests. Effective co-parenting requires communication and transparency, which have been lacking in this situation. *. Mental and Physical Health (Factor (g)): • Riley’s expressed anxiety and discomfort about the trip indicate potential mental distress. It is important to consider her mental health and well-being in making decisions about her travel and care. *. Child’s Reasonable Preference (Factor (i)): • Riley has expressed a clear preference not to go on this trip. Her feelings and preferences should be taken into account when making decisions about her best interests. Therefore, I respectfully request that the court prevent this trip from taking place or, at the very least, require that Steven Diehl be present if such out-of-state trips are to occur in the future. Additionally, I ask that the court enforce more stringent communication requirements between Steven Diehl and myself regarding visitation plans.
Hello Keoni, sorry to hear about your situation. It's crucial to file your emergency motion as soon as possible. You've made a strong case based on the Best Interest Factors of Wayne County. In addition, it may be helpful to provide any evidence of Steven Diehl's lack of communication. Can you inform me of your current location to provide further guidance?
Detroit Michigan
Hello Keoni, thank you for sharing all the details. Here are some steps to take:
*. Draft your motion: Include all the points you've explained, clearly stating why it's an emergency.
*. File the motion: Submit it to the Wayne County Family Court, located in Detroit, Michigan.
*. Serve the motion: Ensure Steven Diehl receives a copy.
*. Attend the hearing: The court will schedule a hearing, where you can present your case.
Should I add anything else
You've done well. Here are a few more items you might consider:
*. Evidence of Riley's discomfort.
*. Proof of Steven's work commitments that prevent him from travelling.
*. Expert opinion (if available) on the potential emotional impact on Riley.
How do I provide evidence of Riley’s discomfort
You can provide evidence of Riley's discomfort by:
*. Documenting any instances where Riley has expressed her discomfort verbally or through her behavior.
*. Getting a statement from a neutral third party who has witnessed Riley's discomfort.
*. Seeking professional assessment from a child psychologist or counselor if necessary.