Divorce leads to the dissolution of a marriage. One parent is a citizen of the US while the other is not. With the child in tow, the non-US citizen is returning home. Both physical and legal custody belongs to the non-US parent. Can my ex move back to their country and take our child?
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Submitting the appropriate motion will allow it. The non-US parent can take the child to their own country. It’s likely to be approved by the court. The court will be reluctant to permit relocation abroad in cases of shared custody. Parenting time will be affected by a change of residence. Parenting time with the other parent is made challenging by the move. Change of domicile is a totally separate matter. A proper and distinct motion will be required.
Are you free to travel out of state with your children during a divorce?
You must seek court clearance before leaving Michigan. Regardless of the distance from the state line of your child’s legal residency. Regardless of your child’s custody agreement. If you have exclusive legal custody you can relocate if it benefits both you and your child. Benefits could mean a better job opportunities. It could be a desire to be closer to relatives. The court is likely to grant your request for relocation. Allowing you to leave the state with your children while you have shared custody depends on the court’s determination.
After a divorce, a parent with sole or shared custody of a child cannot decide to remove the child from the state. The Michigan Child Custody Act states that they cannot do so on their own. The parent with established child custody cannot change the child’s domicile. The child’s legal residence cannot be more than 100 miles from the parent. Theres an exception to this 100-mile restriction.
Can you relocate or change domicile with your children during a divorce?
Children can move under a Michigan child custody order. They can do more than 100 miles from their current legal address. This happens usually when divorced parents remarry or one parent gets a new job. Individuals and families can relocate for valid reasons. It is a trend in urban migration that is already evident in most of today’s population.
Here are some typical and acceptable explanations for why families or couples relocate.
[a] Career opportunities and job transitions
[b] A new relationship or a lifestyle shift
[c] Strong preference for a certain school district
[d] Financial limitations and difficulties
[e] Housing options: renting vs. purchasing
[ f ] A need for living space
[g] A need for a different atmosphere and setting
Custody and parenting time orders outline the parents obligations when a child moves. Depending on the type of custody they have, a parent may need a court order to relocate. A parent granted sole custody has full legal and physical custody of the child. If joint custody is awarded, both parents are obligated to regularly see the child. Both share the child’s legal rights.
A Michigan custody decree may forbid moving a child’s residence. If so, the parent who wants to leave with the child must ask for a new court order. You must seek court clearance before leaving Michigan. Regardless of the distance from the state line of your child’s legal residency. Regardless of your child’s custody agreement. If you have exclusive legal custody you can relocate if it benefits both you and your child. Benefits could mean a better job opportunities. It could be a desire to be closer to relatives. The court is likely to grant your request for relocation. Allowing you to leave the state with your children while you have shared custody depends on the court’s determination.
After a divorce, a parent with sole or shared custody of a child cannot decide to remove the child from the state. The Michigan Child Custody Act states that they cannot do so on their own. The parent with established child custody cannot change the child’s domicile. The child’s legal residence cannot be more than 100 miles from the parent.
Relocating and changing your residence have less of an impact on divorce. It affects parenting time and child custody. The decision to move or change residences is disruptive. Routines for both parents and children are affected. They cause instability in children. Sudden movement and relocation are the antitheses of stability.
Under certain conditions, changing a child’s domicile is prohibited by Michigan custody rules. The other parent must give their approval. The other parent must consent before moving. More so if a new home is more than 100 miles from where the child currently resides. If one parent wants to take the child to a home in another state, the move needs to be approved by the court. The court must grant it even if it is only a short walk to the houses. To enable the transfer, the parent must take part in court processes.
A motion must be filed with the Michigan state courts by the parent who wants to move the child. The parent must do so if the other parent objects and court approval is necessary. Families frequently relocate for economic, educational, or occupational reasons. A parent with a valid objection may request a court hearing and object to the relocation.
The court considers if the child’s quality of life will be enhanced by the relocation. It considers whether moving will weaken the relationship between the two parents. The court looks into whether each parent has followed the existing custody agreement. It establishes if the parent who has moved can adhere to a changed visitation schedule.
After weighing all the considerations, the court could let you relocate. One of these considerations is to show that the parents are working together to raise the child. The child support system is equitable. There is also a chance for the other parent to maintain parenting time. The change makes it possible to live a better life. This frequently alludes to more money, education, or proximity to family.
Two exceptions apply to the 100-mile restriction.
First exception. You and the other parent may already be more than 100 miles away when custody negotiations began. You do not need the court’s approval to move even further apart as long as you are in Michigan.
Second exception. A spouse can be so abusive and violent. Such a spouse can make life unbearable to a co-parent. It can be a real threat to a co-parent who cant protect or care for themselves. You can move without the other parent’s consent or the judge’s blessing. You are allowed to go as far as you need to go without permission to locate a safe place. Even your child is allowed to come along. The court must be notified of your change of address. The court can keep your information private. This is to stop the abusive parent from locating you.
You will still need the court’s permission to stay there even if you moved due to domestic abuse. The court will examine your case and your circumstance. The court determines whether your new residence is appropriate.
Can my ex-spouse take our children to their home country?
Individual or family travel is very common among Americans. It is an issue for divorcing parents who are arguing over child custody. Parents are concerned about their kids traveling. You’re a spouse to a foreign national. You’re a parent. You are going through a divorce. Maybe still thinking about it. Once your child travels with a non-US parent, you cant be sure where they can go after they leave US territory. Returning the child to the United States can be challenging. Can you prevent this from happening?
There are no exit restrictions in the US. Without the consent of both parents, a juvenile may travel across boundaries. The police might not be able to prevent a parental kidnapping without a valid court order. The decree expressly forbids the child from leaving the country. A specific court order might be the most important security. Restriction clauses may be included in court orders. It must contain detailed instructions about things like passports, travel restrictions, and custody.
Add travel restrictions to any temporary or custody orders. Even if you and the other parent are divorcing, you can still do this. Your child possesses a passport. The court might not be able to prevent them from taking an international trip with a parent. The court has frequently been persuaded to accept a child’s passport by parents. A parent who wants to take the child on a trip outside of the country must approach the court for the return of the passport. A hearing would be required for this request.
Both parents may not consent to give up their childrens passports. Anyone wishing to do so must be able to show with great certainty that the other parent intends to take the child with them. Just proving that a former spouse is a citizen of a foreign country is insufficient.
Send copies of court orders to law enforcement and alert them. Include custody, protection, and restraining orders. There’s a possibility your child is or could become a dual citizen of a foreign country. Contact the embassy or consulate of that country as soon as you realize this. Your child can have claims to foreign citizenship. A foreign country can grant your child citizenship.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.