May 26, 2020

What if I Have a Custody Order and Need to Move?

Many people in the Detroit area will find that at some point in their lives, they will need to move.

For instance, a great job opportunity can mean someone will have to relocate far away from Michigan. Sometimes, even without a job, a person will need to move for family reasons or just to pursue other legitimate opportunities.

Like many other states, Michigan has a law that spells out special obligations that parents who are subject to custody orders must follow.

As a word of warning, before making a move, parents should also review their custody orders and agreements, as they may include additional obligations.

Michigan’s relocation law only applies to certain situations.

For one, if a parent has sole legal custody of the child, which would mean that parent makes important decisions in the child’s life, then the parent does not have to follow the law. Likewise, if both parents agree to the move, then the law does not apply. Finally, if the parents already live more than 100 miles from each other, then the law does not apply.

Otherwise, a parent must get the court’s permission to move the child more than 100 miles from the current residence if the move is going to mean that the child lives farther from his or her other parent.

The court does not have to grant a parent permission to move. Instead, the judge will examine several factors set out in the law. As with any child custody case, the court will keep in mind what option it thinks is in the best interest of the children involved.