In custody disputes, courts must first determine proper venue based on where the child and primary caregiver reside, and judges have the authority to transfer cases to appropriate jurisdictions; additionally, courts can order co-parenting communication tools like OurFamilyWizard to ensure parents maintain contact with their children, as withholding communication from a child is not a valid exercise of parental rights.
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You Can't Just Withhold: Judge SHUTS DOWN Mom's Custody GamesAdded:
We are here on the plaintiff's motion for temporary relief. The court has read both the plaintiff's motion as well as the defendant's response and the defendant's answer to the complaint for custody and first of all, let me just say that the court finds that venue is improper in Kent County. Neither party lives here.
And so it would be appropriate for this court to transfer this to Kalamazoo County where the mother and the child live.
Um So that's what I will do.
Um We have a custody case already in Kalamazoo.
Oh All right. What's the case number? Just my address is confidential. Hold on. We can't all talk at the same time. Okay?
Mr. Ethridge, wait. I will let you talk in a minute. And Ms. Miller, you shouldn't be talking over me.
Go ahead.
Ms. Miller. Um my address is confidential for the safety of me and my children.
Um and so the court they did not give me an My address is confidential but Tyrone's is not. Okay. Okay. Let me Let me stop you a moment, okay?
>> [clears throat] >> Can you answer my question? Do you know what the case number is in Kalamazoo County?
Not off the top of my head, no.
But you have an open case in Kalamazoo County. We do. Yeah.
Okay.
All right. Mr. Ethridge, do you disagree with that?
I do disagree with that because when I filed in August for Kalamazoo County, we went and the case was dismissed due to improper venue because Ms. Miller stated that she lived in Kent County.
Um now when I'm trying to get her served and get court proceedings done in Kent County, she's now stating that she lives in Kalamazoo County.
Um so I'm just asking if you can take the case because it's been almost 10 months now since I've had any communication with our daughter because Ms. Miller has blocked me from all communications, all attempts to even have >> Okay, I I read your motion. I'm I'm aware of all of this, but the court has to first find that that that venue is proper.
Right. And then with our um then also with two process servers, they've attempted to contact her and attempted the addresses and with the postal it popped back with her address in Kent County.
>> There's ways There's ways to to deal with this, okay? So just just let me get my questions answered here. Ms. Miller, would you raise your right hand, please?
Would you raise your right hand, Ms. Ms. Miller?
>> I mean, yeah. Yeah.
Do you swear or affirm the testimony you're about to give in this matter is the truth, the whole truth, and nothing but the truth?
Correct. Okay.
Does that mean yes?
Yes. Okay.
All right.
Um you stated in your answer that you moved to Kalamazoo on January 23rd of 2026.
Yes.
And um has this child lived in Kalamazoo the entire time with you since then?
>> Yes.
Yes.
Okay. And we've already answered the question about the proceeding in Kalamazoo County Circuit Court, which sounds like it was dismissed.
Um and let me ask about the CPS case that you alleged. Do you have any documentation or evidence of that?
I don't. They uh will not submit it to me.
Okay.
All right.
And um Mr. Ethridge, do you know where this child was living on March 13th, 2026?
No, I knew of her last known address in Kent County.
Okay.
And was she in California at point between September 13th, 2025 and March 13th, 2026?
No.
Okay.
And has any custody case been filed in California?
Yes, I filed a custody case in California, um and it was denied due to un- they weren't sure on jurisdiction, so then I had to file in Kalamazoo.
Um yeah.
Okay.
Well, as I said, I'm going to I'm back to where I was to begin with, which is I am going to transfer this case to Kalamazoo County.
They will have the whole um the record of everything I have with Ms. Miller stating under oath that that's where she and the child have lived since prior to the filing of this case, um and so we have a record of all of that, and venue is proper in Kalamazoo.
Um and in the meantime um I believe it is appropriate um that there be um video parenting time at least with this child, although this child is young enough that I don't know how effective that's going to be.
Um Mr. Ethridge?
Yes, Your Honor.
Is that Is that something that you're interested in?
Yes, I'm interested in that, and then also I'm going to be in town. Is there any way I can exercise physical parenting time as well? It is summer time as well. I mean, I have not seen this child in 10 months, and and it's not by my own doing. Is there any way I can exercise time?
Even take her back for the summer while the court proceedings are happening in Kalamazoo? All right. Well, given this child's young age, that would not be appropriate.
Um but um I mean, that specifically taking her back to California for the summer.
Um but I think we should at least start with some video calls. Um Ms. Miller, do you have anything to say about that?
Um me and Tyrone had tried video calls while I was driving from I left California July 29th. I got to Kent County August 3rd. We had tried to do video calls. The video calls um were not productive not only due to Violet's age but also because Tyrone tended to get hostile. The last video call we had was actually him stating that he he I did not give him my address but he knew where I was staying and that if I wasn't going to be cooperative and do what he wanted to do that he was going to find me cuz he knew where I was at and there was going to be problems. What is a PPO place? Okay.
Is there a third party who could facilitate the video calls?
Um relative of a friend Given the age of this child we're not talking about a long time. 15 minutes maybe three times a week.
I don't have anyone. It's just me and the kids.
The people I was living with live in at least at least an hour.
I'm sorry.
I I don't have anyone to do a third party uh video call. It's just me and the kids.
Okay.
Well um you need to find somebody.
You can't just withhold. I'm trying to to make this work um so that you feel safe but at the same time um provide uh parenting time uh because that is a parent's right.
>> Right.
So um I know there's apps that you can do recording videos on. I don't know what they are. Uh OurFamilyWizard.
OurFamilyWizard.
>> I would recommend using that app.
Okay. So I'll order that you use that app for all communication between the two of you.
That order will follow the case to um to Kalamazoo County.
All right?
>> Okay.
I do have one question if it's okay Sure.
>> to ask. Um I never received a response um from Ms. Miller at all. As far as I know, I entered an entry for default on Monday and I mailed that out to her on Wednesday of this week as well as a motion for a hearing on a default judgment. Okay, none of that is before me. Um but there was there it does look like she answered the complaint.
Um and um that she did file a response.
Uh Ms. Miller, you indicated on your response that you um sent it to him by first class mail, but it didn't you didn't send it till the 18th.
Is that it?
>> Yeah, I was not aware of this. I actually went to the courthouse on the 18th to respond to Tyrone and that's when I found out about this hearing.
Okay.
>> know about it prior to that, but I did send it to him.
>> [clears throat] >> You mailed it to him? Yes. Okay, so perhaps he didn't get it.
Um again, I will I will transfer this um to Kalamazoo and that's where you'll proceed. But in the meantime, I am ordering video calls on at least three times a week. What time would you like those, Ms. Miller? I know we have a time difference here.
Um I'm trying to be considerate of his time, but the kids go to daycare early for their outside time. They pick them up early in the afternoon.
Um and then the cutoff time for drop-off is 10:00 a.m.
Um Mr. Ethridge, what time would you like and we'll see if that works. Um I would prefer late afternoons. That way my daughter can be present and see her younger sister. So, if we could do um maybe >> Miss Miller, you've got to wait. You cannot speak over him or me, okay?
Mr. Ethridge.
Um I would say depending on her bedtime 5:30 6:00 my time.
Um it's a 3-hour difference, so we'll be looking at almost 8:30 9:00. I It's just so that I can make sure that my daughter is getting quality time in.
>> That's That's too late for this child.
That's way too late.
>> Okay.
Then we would have to do sometime in the morning or midday do it throughout the week and a weekend day. That way >> that's what she was I think that's where Miss Miller was trying to go with us.
Okay. So again, what time?
Um I would say Sorry.
>> Are you asking me or her? I'm asking you, Mr. Ethridge. Um then I would say uh to make sure she makes it to daycare on time, then I would say maybe 8:00 9:00 my time, which would uh 11:00-ish. She would have to negotiate with the daycare on that.
Miss Miller?
Um they have a strict no after 10:00 unless it's an appointment. Um so can we do is this 3 hours? So 7:00 >> 7:00 Can we do 7:00 a.m.?
7:00 a.m. your time, Mr. Ethridge.
Uh um Sure. I mean I I I know the daycare if you tell them that hey, this is what's going on and it's a court order >> I'm not I'm not going to get into that at this point. I'm >> Right. I understand.
>> just going to have to get up 7:00.
That's all.
Okay. That's fine. All right. Um Monday, Wednesday, Friday?
Um can we do Monday, Wednesday, Saturday? That way my daughter can attend the call at least on Saturdays.
Miss Miller, any problem with that?
Monday, Wednesday, Saturday?
Um Go ahead.
Uh well, I was hoping I wouldn't be able to see her today because she's already in daycare right now.
>> tomorrow.
Okay.
So, Monday, Wednesday, Saturday at 7:00 a.m.
Correct. That's fine. All right, then that's what I'll order and as I said in the meantime and I'll um transfer this to Kalamazoo County.
Um one more question for you. Is it possible to also put in that order that we unblock each other on everything in case of emergencies? Uh no, I'm going to order you to use our family wizard.
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