As divorcing parents in Michigan, you're likely navigating a landscape of significant changes. This includes the possibility of one parent relocating, which can add another layer of complexity to child custody arrangements. It's a common concern, and understanding Michigan law is key to making informed decisions that prioritize your child's well-being.
Let's explore how relocation is handled in Michigan child custody cases.
The 100-Mile Rule and Out-of-State Moves
Michigan law has specific provisions for when a parent with a custody order wants to move with their child. The most well-known is the "100-mile rule."
The 100-Mile Rule: If you share joint legal custody, and you wish to move your child's legal residence more than 100 miles from where they lived when your family court case began, you generally need the court's permission. This rule applies even if you're staying within Michigan. There are exceptions, such as if the other parent agrees to the move in writing, if you already lived more than 100 miles apart when the case started, or if the move brings you closer to the other parent.
Moving Out of State: Regardless of whether you have sole or joint custody, any move out of Michigan with your child requires court approval. The 100-mile rule factors are considered, but the critical point is that a judge must sign off on the move, no matter the distance.
Why Court Approval is Often Necessary
The reason for these rules is simple: Michigan courts prioritize the child's established custodial environment and their relationship with both parents. A significant move can disrupt this stability and impact the non-moving parent's ability to maintain a consistent relationship with the child.
If you move without proper consent or court approval, you could face serious consequences, including:
Being ordered to return the child to Michigan.
Modification of the existing custody order, potentially leading to a change in custody.
Accusations of parental kidnapping or interference with custodial rights.
How the Court Decides: The Child's Best Interests
When a parent requests to relocate with a child, the court's primary focus is always on the "best interests of the child." The judge will consider several factors to determine if the move is permissible, including:
Improvement of Quality of Life: Will the move genuinely improve the quality of life for both the child and the relocating parent (e.g., better schools, improved housing, stronger support system, new employment opportunities)?
Compliance with Parenting Time: How well has each parent complied with and utilized their court-ordered parenting time in the past?
Motive for the Move: Is the relocation genuinely motivated by a desire to improve the child's life, or is it an attempt to frustrate the other parent's parenting time?
Maintaining the Relationship: Can a modified parenting time schedule be put in place that allows the child to maintain a strong and meaningful relationship with the non-moving parent? This often involves considering travel arrangements and associated costs.
Domestic Violence: The existence of domestic violence is a significant factor. If a parent is moving to escape domestic violence, special considerations apply.
Proactive Steps for Parents
If you are considering a relocation, or if your co-parent intends to move, here are reassuring steps you can take:
Communicate Openly: Whenever possible, discuss your intentions with the other parent. An amicable agreement, formally documented and submitted to the court, is the smoothest path.
Consult with an Attorney: Before making any commitments, speak with an experienced Michigan family law attorney. We can help you understand the specific nuances of your custody order, navigate the legal process, and strategize the best approach.
Gather Evidence: If seeking court approval, be prepared to present a clear case demonstrating how the move benefits your child. This might include job offers, details about new schools, photographs of the new home, and a proposed revised parenting time schedule.
Prioritize Your Child's Stability: The court values stability. Even with a move, demonstrating how you will maintain routines, connections, and a positive relationship with both parents will be crucial.
Michigan Child Custody Lawyer Ready to Help
Relocation matters can be emotionally charged, but with proper legal guidance, you can navigate the process with confidence, ensuring your child's needs remain at the forefront.
At Bashore Green Law Group, we believe in providing clear, professional, and reassuring guidance during these sensitive times. We are here to support Michigan parents and families every step of the way.
Contact us now at (248) 487-1887 to protect your role in your child’s life.
