Thursday, April 21, 2011

IRON MOUNTAIN MILITARY PARENT AND DEPLOYMENTS IMPACT ON CHILD CUSTODY MOTION (810) 235-1970

IRON MOUNTAIN Parent in active military duty. Effective December 28, 2005, if a motion for change of custody is filed during the time a parent is in active military duty, the court may not enter an order modifying or amending a previous judgment or order, or issue a new order, that changes the child’s placement existing on the date the parent was called to active military duty.
SEE HTTP://WWW.ATTORNEYBANKERT.COM

The IRON MOUNTAIN court may, however, enter a temporary custody order if there is clear and convincing evidence that it is in the best interests of the child. On a IRON MOUNTAIN parent’s return from active military duty, the court must reinstate the custody order in effect immediately preceding that period of active military duty. SEE HTTP://WWW.DUMPMYSPOUSE.COM


If a IRON MOUNTAIN PARENTS motion for change of custody is filed after a parent returns from active military duty, the IRON MOUNTAIN court may not consider the parent’s absence due to military duty in a best interests of the child determination. MCL 722.27(1)(c), as amended by 2005 PA 328.

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