If you are living in Michigan with children, but you are thinking of moving more than 100 miles away (whether in Michigan or out of Michigan), you must ask the court for permission to make such a long move. Obviously, this can create stress and anxiety for those parents who have found a better situation for themselves elsewhere. It is important to remember that a judge is going to consider how such a move will impact not just yourself and the rights of the other parent, but more importantly, how the move will impact the children.
Do I Have to Tell the Court Every Time I Move?
The quick answer is, no, you do not have to get permission from a judge every time that you want to move. Of course you will have to provide updated contact information to the court and friend of the court, but usually no permission to move within 100 miles is necessary. However, if you are trying to move out of state, or if there is a custody order that requires permission to make a move of any kind, you will be required to get court approval first. There are some moves of more than 100 miles away that do not require court permission either. For example, parents with sole legal custody; situations where both parents consent to the move; or where each parent’s residence is already more than 100 miles away usually do not require court permission. Contact our office today to find out whether you need permission.
What Will a Court Consider in Making a Decision for Out-of-State Moves?
In deciding whether an out-of-state move is appropriate, a court will consider the following factors (in conjunction with how the move will impact the child):
• Impact on quality of life for the child and moving parent;
• Motive for the move (Trying to keep other parent away from child?), and whether the other parent has utilized custody and parenting time rights;
• Likelihood that a parent/child relationship can exist between the child and non-moving parent after the move is made;
• Whether the non-moving parent’s objection is related to child support; and
• Whether domestic violence is the reason for the move.
Get a Michigan Child-Custody Attorney
If you have found yourself in a predicament such as this, it is important in these situations to contact an experienced family law attorney to discuss your options. A good lawyer will know the law, and how to apply the law to the facts of your case. Don’t gamble on making this kind of argument on your own; you have too much to lose. Your future, and the future of your kids, is too important to risk. Give us a call today for a free initial consultation at 586-268-2400. For additional information, please visit us at Michigan child custody attorneys.