March 24, 2021

Can a Parent Move When They Have Child Custody Arrangements?

There are times when a Michigan parent wants to move out of the state due to a new job opportunity or other reason. While the majority of people can just pack up their bags and move out of state, this is not the case for parents who are separated or divorced. In these situations, the parent who wants to move must obtain the permission of the other parent and also court approval in many cases.

100-mile rule

Michigan statutes say that a parent may not change a child’s legal residence by more than 100-miles without the other parent’s consent or a court order. This statute does not apply if the parent has sole legal custody. If the other parent does not agree to the move then the parent needs to appeal to the court.

The court will take several considerations into account when deciding to grant a move of over 100 miles. These may include:

  • What are the motivations for the parent seeking the move.
  • Will the move improve both the parent’s and child’s life?
  • Why is the other parent opposing the move.
  • Whether the move is a consequence of domestic violence.
  • Whether it’s possible to create a new parenting schedule that will preserve the child’s relationship with the other parent.

Family law attorney

An attorney who specializes in family law can help a parent with their relocation efforts. Courts today recognize the importance of having both parents involved in a child’s life so moving more than 100 miles away can be tricky. An attorney understands how these situations are handled by the court and can help their client obtain a favorable outcome.