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Learn more about what happens when you move out of state with your child.
Life can be stressful, especially if you have children and your spouse wants to split with you. When parents decide to divorce, they must create custody arrangements that meet the child’s best interests. If you have custody of your child, moving to another country or state could be the best option for you and your children to live a stress-free life.
Reasons You Can Relocate With Your Child
In most cases, a parent cannot relocate a child to another state or county without first obtaining permission from the court that granted custody. Without the approval of the noncustodial parent, the custodial parent may face a contempt order from the court, which may involve penalties and imprisonment. A judge may even rescind custody orders in favor of the noncustodial parent.
Each state has its own set of legal criteria that its courts must evaluate in relocation disputes. Nonetheless, courts must weigh the advantages of relocating against the disturbance to the noncustodial parent’s visitation rights.
However, the particular factors a court would consider when ruling on relocation will be dependent on the rules of the jurisdiction in which the petition is filed. Nevertheless, courts often consider whether the child will benefit from the out-of-state move, such as an enhancement in general quality of life as a result of:
- better job opportunity or higher income for the custodial parent
- proximity to the custodial parent’s relatives, who can assist with child care and support
- a learning opportunity
- a new marriage
The court must then weigh these potential advantages against any negative consequences that a child’s reduced interaction with the noncustodial parent may have.
Petitioning for a Child’s Relocation Case
All Michigan custody orders stipulate that the child’s domicile cannot be relocated outside of Michigan without the court’s permission. This is true whether you have exclusive or shared custody. It holds even if the other parent’s involvement is minimal or approves the relocation. Whether you are moving 25 miles or 2,500 miles away, you must first file a request with the court if you want to move your child out of Michigan.
The other parent will have the opportunity to reply to your petition, and the court will set a hearing where you may explain why you wish to relocate. The other parent will also be allowed to explain why they disagree with the relocation. You will both have the opportunity to present evidence about the 100-mile rule elements and, if applicable, the child’s best interest factors.
The 100-mile rule compels you to obtain the court’s approval before relocating your child’s domicile more than 100 miles from the child’s legal abode when the family court case was filed. Both parents must abide by the 100-mile rule even if the child spends most of his or her time with one parent and the other parent has minimal involvement in raising the child.
You must follow the existing parenting time plan until the judge rules otherwise. Your planned relocation may make maintaining your current parenting schedule impossible. Moving without the court’s permission may violate the parenting time arrangement. You would also violate the requirement to obtain consent before moving, which could land you in hot water with the judge.
Seek Advice From a Michigan Child Custody Attorney
The court plays a vital role in deciding issues and protecting your children’s best interests. However, if you wish to move out of state, you must first consult with your former spouse and get their permission.
Seeking advice from competent legal services such as Goldman and Associates Law Firm can assist you with any family-related issues. Do not hesitate to get in touch with us at (248) 588-3333 or visit our website for online appointments.