November 3, 2016

Understanding the legalities of parental relocation

Many divorce settlements and parenting plans include clauses that restrict parents from transporting their shared children to certain distances without the permission of the other parent. This includes situations where one parent wishes to move to an area that places the parents farther away from one another, according to Michigan legislation. At the Law Offices of Lisa Stern, we understand that life circumstances change and that parental relocation may become an issue at some point.

When one parent is looking to move to another area, he or she must petition the court for permission. In these cases, the court may take into consideration certain factors, such as the parent’s primary motive for moving. If the parent is attempting to move as a way to cause chaos and interrupt the parenting schedule, the court may deny the relocation petition. The judge may also determine if domestic violence was involved.

Ultimately, the court will look at whether or not the move benefits the children in any way. For example, if non-custodial parents are moving to obtain better financial stability, it may help them meet their child support obligations and help the child financially. Moving to a different environment may improve the child’s education. Furthermore, the move may be advantageous to the child’s overall living environment. Before a final decision is made, the judge will ensure that the parents have a plan in place.

To learn more about the legalities involved when making modifications to residences in a parenting plan, visit our page on parental relocation.