Can I Move to a New Home With My Child Following a Michigan Divorce?

 Posted on March 18, 2021 in Divorce

After completing your divorce, it is likely that your life will change at some point. If you are looking to pursue job opportunities or live closer to your family members, you may be considering moving to a home in a new city. However, if you share custody of your children with your ex-spouse, you will need to understand how Michigan’s parental relocation laws will apply to your situation. Depending on your circumstances, you may need to receive approval from either your ex or the court where your divorce case was heard before you can relocate.

Parental Relocation in Michigan

If you have sole legal custody of your child, you usually will not need to seek approval for relocation, although you may need to get court approval if you will be moving outside the state of Michigan. However, if you share legal custody with your child’s other parent, you will need to receive approval if you will be moving at least 100 miles away from your current home or to another state. If you already live more than 100 miles away from the other parent, or if your planned move will place you closer to the other parent’s home, you will not need to receive approval for relocation.

If the other parent consents to the move, you will not need to receive approval from the court. However, if the other parent objects, you will be required to file a petition for relocation. The court will consider the following factors when determining whether to grant you permission to relocate:

• Whether your and your child’s quality of life will be likely to improve because of the move.

• Whether you and/or the other parent have followed your parenting time schedule and taken the opportunity to spend time with your children as scheduled. When looking at parenting time, the court will also consider whether it appears that your plans to move are intended to limit the time your ex spends with your children.

• Whether it will be possible to modify your parenting time schedule to ensure that your child will have a good relationship with both parents, as well as whether you and your ex will be likely to follow the modified parenting time schedule.

• Whether your ex is opposing the move in an attempt to reduce his or her child support obligations.

• Whether the move is motivated by domestic violence against you or your child.

If your relocation request is approved, the court will then need to approve any necessary modifications to the orders regarding legal and physical custody of your child. As with all child-related legal issues, the court will look to protect the best interests of the child while creating arrangements that will allow both parents to maintain a good relationship with the child and continue to play an important role in their lives.

Contact Our Farmington Hills Family Law Attorneys

If you are considering a move to a new home, you will want to make sure you are following your legal requirements. At Elkouri Heath, PLC, our attorneys can advise you of your options, and we will provide you with representation as you petition the court for approval of your relocation and modifications to your child custody and parenting time orders. To learn more about how we can help with your case, contact our accomplished Oakland County parental relocation lawyers today at 248-344-9700 to schedule a free initial consultation.

Sources:

http://www.legislature.mi.gov/(S(m3gtnmt0jhiyml0yv5xbnjqx))/mileg.aspx?page=getobject&objectname=mcl-722-31

http://www.legislature.mi.gov/(S(fgm0aliuct2djczyji0bvth2))/mileg.aspx?page=GetObject&objectname=mcl-722-23