At Steslicki & Ghannam, PLC, our Plymouth family law attorneys understand that when Michigan parents divorce, their lives are changed going forward. It is no easy feat to juggle two households, child custody agreements/orders, and their personal and professional lives.
Once the dust has settled and the parents and kids are in their new routines, their lives continue to evolve. This could mean seeking better employment prospects, entering new romantic relationships, moving closer to a support network of extended family and friends, and seeking better education and extracurricular opportunities for the children.
This sometimes means relocating to a new neighborhood, city, or state. The question becomes, what laws surrounding relocation and child custody are designed to balance the interests of the child, the custodial parent, and the non-custodial parent?
Our Wayne County family lawyers have answers.
Do I Need the Other Parent’s Permission to Relocate with the Children Inside Michigan?
A parent with joint legal custody or a custody order cannot relocate the child more than 100 miles from the child’s current legal residence without obtaining the other parent’s consent or a court order. This rule aims to maintain the child’s relationship with both parents.
The 100-mile rule does not apply if the move brings the child closer to the other parent or if the parents live more than 100 miles apart.
Do I Need the Other Parent’s Permission to Relocate with the Children Out of State?
If a parent wishes to move the child out of Michigan, they must either get the other parent’s written consent or seek approval from the court. This requirement applies regardless of the distance of the move.
The court will evaluate whether the relocation serves the child’s best interests by considering factors such as the impact on the child’s relationship with both parents, the reasons for the move, and the potential enhancement of the child’s quality of life.
The other factors considered by the court include:
- The level of each parent’s involvement in the child’s life and how the move will affect the child’s relationship with each parent.
- The reasons behind the proposed move and whether the move is intended to frustrate the non-custodial parent’s visitation rights.
- Whether the move will provide significant financial advantages, such as a better job for the custodial parent or improved living conditions.
- The potential for better educational opportunities for the child can support relocation.
- The child’s connections to family, friends, and the community and how the move will affect these ties.
To modify an existing custody or parenting time order, the parent seeking the change must show that the relocation constitutes a material change in circumstances affecting the child’s well-being.
The court will hold a hearing to consider the motion, where both parents can present evidence and arguments regarding the relocation.
If you are considering relocating with your children or are opposing the move, our Plymouth family lawyers can assist in preparing and presenting a solid case to the court, handling objections from the other parent, and demonstrating that the move is or is not in the best interests of the children. We will ensure that all legal documents are accurately filed and represent your interests in court, increasing the likelihood of a favorable outcome.
Contact Our Skilled Family Lawyers in Plymouth Today
Contact our dedicated Plymouth family law attorneys today for guidance on effectively modifying custody and parenting time arrangements, maintaining parental rights, and supporting your children’s well-being.
