How to file a custody case for a child living outside of Michigan

Where Should I File My Custody Case?


You must file your custody case in your child’s “home state.” A court in any of the states in which The Lockwood Legal Group, LLC practices, which currently include Michigan, Indiana, Ohio, and Illinois, will only have jurisdiction if that state is your child’s home state. 


When Is a Child a Resident of Michigan?


In general, your child must have lived in Michigan with a parent for at least six months in a row right before the case was filed (or since birth) for Michigan to be their home state. Michigan may also be the child’s home state if the child is currently in another state, but Michigan was the home state within six months before the case was filed, and a parent continues to live in Michigan.


If your child does not live in Michigan now, or has not lived in Michigan for the past six months, Michigan may not be your child’s home state. 


Can I File for Custody If I’m Not a US Citizen?


Yes. Even if you and your child are not U.S. citizens or if your child’s other parent lives in another state, you can file a custody case in a Michigan court if Michigan is the child’s home state.


Generally, you will file your custody case in the Family Division of the Circuit Court in the county where your child lives. If you’re not sure whether Michigan is the right state for your custody case or if you have an existing family law case involving your child, you should talk to an attorney.


Contact The Lockwood Legal Group, LLC today!


If you think you might have a case, it is crucial you contact a qualified attorney right away. We understand litigation is often daunting to those who are not attorneys. but rest assured, we will be here for you all throughout the process. No one fights harder for their clients then attorneys of The Lockwood Legal Group, LLC.


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