A parent’s ability to move out of state with their child after a custody order is in place is governed by specific statutory and court rule provisions. The legal requirements and restrictions depend on the custody arrangement and the distance of the proposed move.
Normally, a parent is prevented from changing the legal residence of a child to a location more than 100 miles from the child’s legal residence at the time the custody order was issued, unless the other parent consents or the court grants permission. Additionally, the law requires that a custody order include a provision prohibiting the child’s domicile or residence from being moved out of Michigan without court approval
Exceptions to the 100-Mile Rule
1. Sole Legal Custody: If the custody order grants sole legal custody to one parent, the restrictions under do not apply. In such cases, the parent with sole legal custody does not need to obtain court approval or the other parent’s consent to relocate, even if the move is out of state. However, if the move affects the other parties’ parenting time–which it often does, it will have to be shown that the resulting parenting-time change is in the child’s best interests.
2. Consent of the Other Parent: If the non-relocating parent consents to the move, the restrictions under are waived, and the relocating parent may proceed without court intervention.
3. Moves Resulting in Closer Residences: If the proposed move results in the child’s two legal residences being closer to each other than before, the restrictions under do not apply.
4. Existing Custody Order Provisions: If the custody order includes specific provisions addressing how changes in the child’s legal residence will be handled, and the relocation complies with those provisions, the restrictions do not apply,
Court Approval Process
Otherwise, the parent seeking to move must obtain court approval. The court will evaluate the request based on specific factors which focus on the child’s best interests. These factors include:
• Whether the move will improve the quality of life for the child and the relocating parent.
• The extent to which the relocating parent has complied with parenting time orders and whether the move is intended to frustrate the other parent’s parenting time.
• The feasibility of modifying parenting time arrangements to preserve the child’s relationship with both parents.
• Whether the opposing parent’s objection is motivated by financial considerations.
• Any history of domestic violence. The burden of proof lies with the relocating parent, who must demonstrate by a preponderance of the evidence that the move is warranted.
Please feel free to contact us if you have any questions about this or any other important legal issues/inquiries.
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