Desperate

Aug 8, 2012 by

Question: 

I’m from mich. My husband and I moved to NC by his family. We came in Jan. Things weren’t good so I went back to mich for a month and he talked me and my kids to come back. Well now I know he’s been cheating and I wanna leave for good. Now he refuses to let go back home with my kids. I have no friends or fam here. I wanna go back to mich. Is it illegal for me to take my kids to Michigan??? We haven’t even been back for 6 months. (MI)

State: 
Michigan

Answer: 

Your question is the kind that law professors love! And here is how the discussion would go if your case was presented in law school. The first issue is which court has jurisdiction of your court case: Michigan or North Carolina? Every state has different residency requirements. In North Carolina, the residency requirement is six months. Your case is interesting because you moved back to Michigan for a month. Did your residency begin in January when you arrived or did it begin when you returned to Michigan? (You didn’t say when you moved back.) That is something that a North Carolina family law attorney could look into for you. If a NC court determined that it did have jurisdiction over your case, i.e., that you were a resident of North Carolina, you would likely have to get court permission to take your kids back to Michigan. That is not as distressing as it seems. If you have primary custody and you and your children have strong roots in Michigan, there is a chance that even a NC judge would let you return. – Wendy Jaffe, ESQ.

Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. By submitting your question to Divorce.com, you are not creating an attorney/client relationship with Ms. Jaffe or with any of the other attorneys listed on this site.

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