Will my child custody arraignment be dismissed because my divorce case was dismissed?

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Will my child custody arraignment be dismissed because my divorce case was dismissed?

After I separated from my wife I moved to MI (she lives in OH) I filed for divorce after 180 days. My wife did not contest anything until we received papers from Friend of the Court stating we have joint custody of our 2 sons but I have physical custody and she has to pay child support. My wife’s attorney file a motion to dismiss the case, and we went to court. My wife is now claiming that I have not lived in MI for 180 days. The divorce case was dismissed, but the papers were refiled. My wife wants to file in OH because she thinks she will get everything and I will get nothing.

Asked on August 23, 2010 under Family Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the court did not have jurisdiction to issue an order then the order would not be valid. "jurisdiction" is the right of the court to make a decision on a particular subject and as against particular individuals.  I would seek to file for another temporary custody order as soon as you can based upon your new filing of the proceedings and before your wife does the same in Ohio.  It is generally called "pendente lite" relief, lending the outcome of the proceedings.  But you are going to have a fight on your hands here so brace yourself. Your wife is not going to take things laying down. It may be in your best interest to negotiate here, splitting time, etc., although custody and support is generally regulated by state law and not subject to renegotiation.  Good luck.


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