When one parent wants to move a significant distance away from the children, whether it’s across Michigan or to another state, it can raise serious legal issues under Michigan’s Child Custody Act (MCL 722.31) and our Parenting Time statute. Michigan law limits how far a parent who has an existing custody order can move with their child before they are required to get consent from the other parent or an order from the family court judge. Under the Michigan 100-mile rule, parents cannot move a child’s legal residence more than 100 miles without court approval. If you live here in Michigan counties such as Ingham, Eaton, Clinton, Ionia, and Jackson, understanding how courts handle relocation requests is essential before taking any action.
Michigan’s 100-Mile Rule: The Basics
A parent cannot move their child’s legal residence more than 100 miles from where the child lived when the custody case began. The 100 miles is measured in a straight line, or “as the crow flies”. The law applies when both parents are subject to a custody order.
However, the rule does not apply if:
- The other parent consents to the move.
- The parent has sole legal custody (does not include physical custody)
- The parents already lived more than 100 miles apart when the case started; or
- The move would actually make the parents live closer together.
- The parent is seeking to change legal residence due to the threat of domestic violence
Best Interests of the Child: Still the Core Standard
In any decision regarding child custody, a Michigan Circuit Court judge will first weigh the 12 best-interest of the child factors, which include (but are not limited to):
- The child’s emotional bonds with each parent,
- The stability of each home,
- The child’s school and community connections, and
- The willingness of each parent to support the child’s relationship with the other parent.
How the Court Decides Whether to Allow a Move
In counties like Ingham (Lansing), Eaton (Charlotte), Clinton (St. Johns), and Ionia, courts frequently see relocation requests due to employment changes, remarriage, or family support reasons. If the other parent objects to the relocation, the court must hold a hearing. In addition to the best interest factors, a Michigan Family Court judge considers:
- Quality of life improvement:
Whether the move will improve the child’s and the relocating parent’s lives. However, the emphasis is on the child’s life, not on the improvement of the parent’s life. - Compliance with parenting time:
Whether each parent has followed existing parenting time orders, and whether the move is intended to frustrate the other parent’s relationship with the child. - Ability to preserve relationships:
Whether the court can modify parenting time or other arrangements to maintain the child’s relationship with both parents. - Financial motivations:
Whether the parent opposing the move is doing so for financial gain related to child support.
Emergency Relocations and Domestic Violence
If a parent or child faces domestic violence or credible threats, Michigan law allows a parent to temporarily relocate to a safe location until the court can hold a hearing to decide on the relocation request.
FAQs: Michigan Relocation Cases
Q: Can I move before getting court approval?
A: Usually, no. Moving without permission can lead to contempt of court or loss of custody or parenting time.
Q: Does the 100-mile rule apply even if I’m moving within Michigan?
A: Yes, even if you’re staying in-state. However, if you are moving less than 100 lineal miles, but across a state line, Michigan law still requires the consent of the other parent or an order from your family court judge.
Q: How long does the relocation process take?
A: It depends on the court’s schedule and whether the other parent objects. Cases usually take several months. Begin strategic planning at least 6 months in advance, when possible. You should consult your attorney about what to expect and the best strategies.
Why You Need a Tough Michigan Family Law Attorney
Relocation requests are among the most challenging disputes in Michigan custody and parenting time cases. Judges must balance two parents’ rights with a child’s stability, and mistakes in handling these motions can have lasting consequences. Having very experienced, trusted family law counsel ensures your child’s best interests and your rights are fully protected.
An experienced Michigan family law attorney can strategize with you long before your anticipated move date:
- Help prepare a strong motion or response,
- Present evidence on the statutory and best-interest factors,
- Negotiate revised parenting time schedules, and
- Protect your parental rights throughout the process.
Call Us for a Consultation Today
If you’re considering a move —or your co-parent is —contact an experienced Michigan custody attorney before taking action. At The Kronzek Firm, we have decades of experience in handling custody disputes and relocation requests. We understand the factors judges consider when either parent makes a relocation request. We will work with you to build a strong case to achieve an outcome in your favor. Whether you are in Ingham, Jackson, Ionia, Livingston County, Eaton County, or elsewhere in Mid-Michigan, we can fight for you. Contact us today to schedule a meeting with one of our experienced Michigan family law attorneys.
📞 Our top-rated attorneys have handled custody disputes across Mid Michigan for thousands of Michigan clients for more than 30 years.
You can reach our Lansing office 24/7 by calling (517) 886-1000 or by email at contactus@kronzek.law. During business hours only, you can also text us at 517 886-1000. Our team is also available 24/7 for emergency consultations.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]