Welcome to Michigan Out Of State Child Custody. Are you an out-of-state Michigan resident with a custody or parenting time issue in Michigan? Or, are you wondering if you will be allowed to move with your child to another state? There is no doubt that issues like these have a way of keeping parents awake at night. The apprehension of those who face these issues is reasonable given the impact that a judge’s decision will have on not only your life, but your child’s as well. If you find yourself in such a predicament, it is important to contact a Michigan attorney immediately to discuss your options.
Child Custody and Moving Out of State
The first thing that every parent should know when it comes to custody and parenting time issues in Michigan courts is that a judge will make a decision based on what is in the best interests of the child. In Michigan, there are twelve factors that a judge will weigh in determining what kind of custody or parenting time is appropriate. Depending on the judge, one factor may bear more weight than another. However, when it comes to attempting to move a child outside of Michigan, the judge will also consider the impact the move will have on both parents.
For the moving parent, a judge will consider the opportunities such a move will provide for the moving parent and the child, or, whether the move is being made only as a way to frustrate the other party’s parenting time. As far as the non-moving parent is concerned, a judge will consider the impact the move will have on parenting time for that parent. Does the non-moving parent even use the parenting time that has already been given? These are some of the factors a court will consider in addition to the best interests of the child factors; and no two cases are alike.
Parenting Time for Out-of-State Michigan Residents
Out-of-state parents of children who are domiciled in Michigan have the same right to parenting time as an in-state parent. Like most states, Michigan presumes that it is in a child’s best interests to maintain a close, loving relationship with both parents, regardless of what state a parent hails from. Of course living in a different state may complicate parenting time; there are obvious practical considerations which exist in these scenarios. Depending on how far away the out-of-state parent lives, normal parenting time arrangements may be easier to accomplish than if a parent lives hundreds and hundreds of miles away. There is no hard and fast rule on what kind of parenting time an out-of-state parent will be awarded because a proper analysis of all the facts and circumstances must be made; but the important thing to remember is that living out of state alone is not enough to destroy an out-of-state parent’s parenting time.
Custodial Parent Moving Out
Moving to a new state is an exciting but is also usually stressful a prospect, which can be made even more daunting if you are the custodial parent of a child. When the custodial parent of a child wants to move any significant distance, he or she will need the permission of either the other parent or the family court to do so. While the court will not be unreasonable when it comes to granting such permission (courts are not going to stop parents from advancing their careers, which in turn would let them better provide for their children), they are required to look out for the best interests of the child. A parent moving out of state, especially a custodial parent, is likely a change in circumstances that would merit revisiting the custody arrangement since the move is likely to effect any visitation rights of the non-custodial parent. This does not mean that such a move will be prevented, or that you will have to give up custody if you move out of state, but it does mean that you will want an experienced family law attorney at your side to help you make the move effectively while preserving your rights.
Out Of State Custody
When the courts are involved with the custody of children, permission by either the other parent or the family court will be required before a parent with custody can move any major distance. There are many good reasons for people to move, and even if the other parent will not, courts will be reasonable in granting such permission. Anytime one parent moves out of state, however, or even just a great distance, there will inevitably need to be a change in the custody arrangement. Indeed, when there is a joint custody arrangement, and one of the parents is moving out of state, that arrangement will likely no longer work, and as a result, a new custody arrangement will need to be reached.
When you are moving out of the state, however, you are not giving up your rights to the child. The court will, as always, look out for the best interests of the child, but depending on the circumstances, it may be in the child’s interest to move with the parent out of state. Even when the child’s best interest is in staying in the state of Michigan, you still have a right to be involved in your child’s life and to see your child as often as is feasible under the new and changed circumstances. You will want to have have a good attorney to help you negotiate the best new custody arrangement possible.
How Do I Get Visitation in Michigan If I Live Out of State?
If you are an out-of-state resident who has a child in Michigan, and there is no existing parenting time order, you will have to petition a Michigan court and show that it is in the child’s best interests that parenting time be scheduled. The court will analyze the best interest of the child factors in creating a reasonable parenting time schedule.
Courts will always look to serve the best interests of the child, which will normally be for the child to have both parents involved in his or her life in some way. When one parent is granted custody of a child, this is often provided for in the form of visitation for the other parent. When that other parent lives outside of the state of Michigan, however, visitation becomes a more complex issue. This does not mean that an out of state parent will have to give up any right to visitation; it simply means that a little more work will need to be put in to make come up with a visitation schedule and to get that schedule to work, and that the schedule will not have the flexibility that can be achieved when parents live closer to each other. An experienced attorney can help you work out a visitation schedule that will protect your rights.
Hire a Michigan Child Custody Attorney
Our office is experienced in child custody and parenting time battles. If you live out of state and want custody or parenting time with a child who lives in Michigan, or if you are considering moving your child to a different state, you should contact our office immediately at 586-268-2400. If you require additional information, please visit Michigan out of state Child Custody Attorney.