April 5, 2018

Can a parent leave the state with the child?

Michigan child custody laws aim to make custody division as fair as possible to all parties involved. For this reason, there are certain restrictions placed on both parents. Even if you have primary custody of your child, there are still things that you can and can’t do.

One grey area involves the question of whether or not it’s okay to move out of state with your child after a divorce. FindLaw points out that a move like this could damage the visitation schedule that you and your ex-partner have, especially if you plan on moving far away. It’s possible to get the go-ahead for a move, though. The easiest way to do it is by getting an okay from your ex-spouse. They need to give their consent, as they may not be able to see their child as often if you move.

But what do you do if they don’t give the green light? You can still fight for your right to move. However, the process will be longer and more complicated. You would have to prove that the move will substantially benefit your child’s life. Will they have access to better schools? More job opportunities in the future? A safer home environment? Will you be able to make more money and provide them with a more comfortable life? The court will take all of this into consideration while making its decision.

Naturally, the further you want to move, the more hurdles you’ll run into to get it approved. But there are still options. If you want to move with your child but aren’t sure how to go about it, you may want to contact a legal professional to learn more about what you can do now.