Welcome back and thanks for joining us. In our previous past we looked at what a Michigan parent with a custody agreement would have to do if they wanted to move away, or leave the state.
As we pointed out, there are rules governing how far a parent can move without getting the court’s permission. So if you or your ex are thinking about relocating, and you share custody or have a visitation schedule, there are some things you need to know…
Are there any exceptions to the 100 mile rule?
As we said before, 100 miles is the absolute limit for how far a parent could move without getting permission from the court. But are there any exceptions to that rule? Yes there are. A parent wouldn’t need the court’s say-so if:
- The child’s two residences were already more than 100 miles apart, and the move brings them closer together
- They get permission (written, of course) from the other parent
We just want to point out that, even if you don’t need it, we often encourage our clients to get consent from the other parent, or to get a court order, even if the law says you don’t need it. Better safe than sorry. As Brandy Thompson says, “There are so many moving parts to a change of domicile, even if you have sole legal and physical custody, changes are there are at least a few aspects of the parenting time arrangement that will need to be adjusted so that you aren’t in violation of any court orders when you move. Better off dealing with those issues prior to the move rather than afterwards!”
What does a parent have to do if they want to move more than 100 miles away?
So what do you do if you want to move beyond the 100 mile limit? Well, you have to get permission from your child’s other parent. But what do you do if they won’t give it to you? This is where it can get tricky.
Parents who want to move further than the 100 mile mark, or leave Michigan, and their children’s other parent refuses to give them permission, there’s another option – petitioning the court. You can still ask the court, even if your ex says no, because the court might still say yes. But in order to figure it out, the court has to consider 5 things.
What factors does the court consider?
- Would the move make life better for the custodial parent and the child? For example, does the move offer better income opportunities, or better living conditions for the child and the parent? Just remember, the court considers the effect on both, but the effect on the child’s life is always more important to the court!
- What are the motives of the custodial parent? Why do they want to move? Is it mostly to make life harder for the non-custodial parent? Is it motivated by the desire to cut the other parent out of the child’s life? Motives are a big deal to the court!
- Whether the child’s relationship with their other parent can be preserved. Can your child still see their other parent often enough? Will their relationship suffer because of the move?
- The motives of the non-custodial parent whose fighting the move. Is the parent whose refusing to give permission doing it because they’re afraid of losing their child, or because they want to deny their ex a chance at a better job? Are they trying to negotiate a lower child support payment in exchange for letting the other parent move away?
- Domestic violence. Has the child been subject to domestic violence or abuse? Have they seen or heard anything violent in their home? Is the parent trying to move away to be safe and keep their child safe?
What do I do if my ex wants to move away with my child?
If your ex wants to move away with your kids, whether it’s here in Michigan or out of state, there are several things you need to take into account before making a decision. Things you’ll need to know before making an informed choice. The experienced family law attorneys at the Kronzek Firm can help you to decide how to handle this situation, and make sure that yours and your children’s rights are protected. Call 866 766 5245 today to discuss your case with a skilled family law attorney right now.