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When parents separate, issues of child custody and visitation must be addressed. In circumstances where parents are not able to come to an agreement between themselves, in Michigan or elsewhere, a judge usually steps in the make the decisions for them. In doing so, a court typically seeks to base its child custody and visitation order on the best interests of any children involved.
One Michigan father was awarded sole custody of his son, who is now four years old. The mother was awarded visitation rights, though the details of the specific child custody order are unknown. When the mother recently failed to return the child at the end of a scheduled visitation, law enforcement authorities became involved.
The mother lives in Tennessee and is purportedly concerned for the boy’s safety, although the basis for those fears was not disclosed in a news report. Apparently acting on her concerns, the mother failed to return the child to the father in Michigan at the end of the scheduled visitation, pursuant to the terms of a child custody order. The woman and her mother have since been criminally charged with custodial interference, and the mother turned herself in to police in Tennessee. The child has been returned to the safety of the father in Michigan.
Michigan child custody orders must be followed. If a party is unhappy with the terms of a court order, they have the right to request the modification of a prior determination based upon proof of a substantial change in circumstances. In this case, there is no indication that the mother made an attempt to do so, and it appears she simply decided to take matters into her own hands. If it is proved that she willfully violated the child custody order, she may find that her visitation rights are diminished or withdrawn, in addition to any criminal penalties which she may face.
Source: wkzo.com, “Missing child returned to Michigan dad,” Oct. 10, 2012