So, you’re moving. You’re taking the children with you. Have you told your ex-spouse about it? Are you moving for the right reasons? Are you aware of the rules about moving with your children? Rules about moving are different in each place. Custody orders can be hard to understand. Moving might change who makes decisions for your children. It can also change where they live. These things can be confusing and stressful. They can affect your whole family. You might not know what to do. You might worry about what will happen.
Click here to watch the video on Can a Sole Custody Parent Move Their Child Out of State
Talking to a lawyer can help. A lawyer knows the rules in your state. They can explain your custody order. They can help you understand what might happen if you move. They can also help you with the court if needed. You can talk to a lawyer now. They can give you advice. It’s better to do it before the move. Do it soon if you’re doing it for the children.
Can Having Sole Custody Let You Move Your Child Out of State?
Divorce has a way of changing lives. A lot will move on after a divorce. Others have to move out to move forward. Some move out of state with their child tagging along. A child custody arrangement may not make this automatic. It won’t even with a parent having sole custody.
Sole Custody Does Mean Full Control. You might have sole custody. It does not mean you get to do anything. A parent cannot move a child out of Michigan without permission. The court will need to approve any planned move with a child.
Court Approval Is Often Needed. A parent needs court approval before moving a child. This is often more true if you’re moving out of Michigan. The rule applies if the move is over 100 miles within the state.
- The court will check how the move affects your child.
- The court will also be mindful of the other parent’s rights.
- You better have a good reason to move. A better job or family support might help.
The Other Parent Can Say No. A parent having full legal and physical custody has a better chance of moving a child. The type of custody order matters. The court still makes the final ruling. A co-parent might be sharing legal custody. That co-parent’s opinion matters. The court will listen before making any ruling on moving.
The Child Comes First. You must always keep in mind how the court thinks about custody. What matters to the court is the children. Any ruling it will make will be in the context of the child’s well-being. If you don’t align with that way of thinking, you lose.
Yes, you do have sole custody. That kind of custody arrangement does give you an edge. It is not absolute. Part of giving a child stability is keeping the bond with both parents. You move the child without telling the other parent, you break that bond. You won’t look like a good parent in the eyes of the court.
What Kinds of Custody Can You Ask For in Michigan?
Legal custody means deciding big things and deciding things like schools and doctors. Understand what custody is best. Physical custody is the kind where the child gets to live with a parent. Sometimes one parent does both. Sometimes parents share legal custody. One parent might have the child living with them. As parents, you will be making decisions for them. The decision will depend on the kind of custody arrangements granted to the parent.
Decision-Making Power. Do you know the extent of your decision-making? You have to understand the kind of custody granted to you. Legal custody allows you to make big decisions for a child.
- Sole legal custody. One parent makes all major decisions.
- Joint legal custody. Both parents share decision-making. They must always agree on important matters.
Physical Custody. Physical custody decides where the child will stay. The arrangement where the child is most of the time. It also affects parenting time.
- Sole physical custody. One parent gets to take care of and be with the children at home most of the time. The other parent may get visitation.
- Joint physical custody. The child spends time with both parents. The time is split in a way that works best for the child.
Temporary Custody. This is a short-term plan. It decides where the child will stay while the court decides. The court may change custody later if needed.
The court picks the best custody plan for the child. Judges look at safety, stability, and each parent’s bond with the child. Parents should understand their options before asking for custody.
Can I Move if We Share Legal Custody?
If you share legal custody, moving your child won’t be simple. You have to ask the judge first. You have to fill out a form. The judge will have a meeting. The judge will decide.
Court Approval May Be Needed. Michigan law requires court approval for certain moves. A parent must ask the court. Get permission before moving a child. More so when the move is over 100 miles from where they live now. This rule also applies to moves out of state.
Less Than 100 Miles. You can move your child within 100 miles of your current home. You can move without asking the court. You don’t need permission from the other parent either. Still, letting them know is a good idea. This helps avoid arguments later.
More Than 100 Miles. Moving farther. More than 100 miles away. You need court approval. Only the court can make a judgment call on what is a good distance for the child. They will look at things like:
- How the move will support or disrupt routines.
- Will the move enhance or disrupt parenting time?
- Will there be better opportunities for the parent or child? Will there be a good school or a safer home?
Moving to Another State. You’re moving out of Michigan. You must get court approval. You need it no matter how far you go. The judge will think about the same things as a long-distance move. The move should help your child, not just you.
The Other Parent Can Object. Your co-parent can disagree with the move. Expect the court to be biased. Courts are focused on the child’s well-being.
- If it helps the child’s life, the court will grant the move.
- The court denies the move if it harms the child’s bond with the other parent.
- A parent with shared legal custody must follow the law before moving.
You have shared custody. A move can alter a child’s routine. It will affect your co-parent. The least you can do is respect the co-parent’s right to know. Find time to talk. The court will ask you to justify the relocation.
What is a Motion to Change Legal Residence?
A motion is a formal way to ask the court. It is requesting the court to act on something or do something. It is a way to ask for a ruling. Requesting an order so something can be done on the matter at hand. So, you’re wondering, why move? Parents may have their reasons. Let’s talk about it here.
- Sometimes, a parent gets a new job. It might be a better job in a different city. This new job can mean more money for the family. That’s a good reason to move.
- Maybe there are better schools somewhere else. Or a special program the child needs. Moving closer to those things can help the child learn and grow.
- Family is important, too. Maybe Grandma and Grandpa live far away. Moving closer to the family can mean more help. It can also mean more love and support for the child.
- Sometimes, a child or parent gets sick. They might need to be near a special doctor or hospital.
- Desire to live in a safe place. A parent may want a better neighborhood. Or a nicer house. They want the child to be safe and happy.
- Things cost different amounts in different places. Sometimes, it’s cheaper to live somewhere else. It might be too expensive where they live. They want to move to somewhere cheaper. This helps them have more money.
- People have personal reasons, too. Maybe the parents will get married again. Or they just want to live somewhere new. These are reasons, too.
A parent can ask the court to let them move. The judge will think about all these things. Whatever the judge will rule later, it will be in the best interest of the child.
What’s in the Motion? When filing this motion in Michigan, a parent must include:
- The new address and reason for moving. Where they plan to live and why the move is needed.
- How the move helps the child. Why this move is good for the child’s life, school, and future.
- Current custody details. What the current custody plan looks like and how the move will change it.
- Changes to parenting time. A plan for how the child will still see the other parent.
What Does the Court Look At? The judge will review the request and think about:
- If the move keeps the child’s life stable.
- How it affects school, friends, and daily routines.
- If the child can still have a strong bond with the other parent.
Parents have their reasons for moving. The court is interested only in the reasons that affect the children. If indeed it is wise to move, then file a motion. Ask the court to recognize a new residence. The co-parent can always submit their objections to the move. The court will grant that opportunity.
How Does the Court Decide?
The judge looks at what’s best for the child. They think about where the child will live. They think about the child’s school. They think about who the child will be with. So we’re talking about moving a child far away. How will a judge in Michigan decide if it’s okay, right?
- The perennial question. What’s best for the child? We have a puzzle. This is the biggest piece. They call it “the best interests of the child.” It’s all about your children. What makes the child happy? What keeps them healthy and safe?
- The judge might ask the child what they want. The child might be old enough to understand. Their opinion will matter. But it’s not the only thing the judge thinks about.
- How does the child keep the engagement with each parent? That’s important, too. The judge wants both parents to be involved if possible. Moving far away can make that hard.
- What about school? Is the child doing well? Will they have to change schools? The judge looks at the new school, too, to make sure it’s just as good.
- Friends and fun stuff matter! Will the child have to leave their friends behind? Are there fun things to do in the new place? The judge thinks about all that.
- Why does the parent want to move? Is it for a good job? A better school? Or something else? The judge wants to know.
- What will happen to the child’s time with the other parent? Will they see them less? That’s a big deal. The judge might make special rules for visits or phone calls.
- The parent who wants to move has to show the judge it’s a good idea. They have to explain why it’s best for the child. The other parent can say what they think, too.
The judge listens to everyone. They read everything. Then, they decide. Court deliberations are not easy. Judges weigh the arguments of parties in the case. Make a ruling that’s fair to all.
Who Pays for Travel?
Parents live apart. It means someone must pay for travel expenses in custody arrangements. If you move, you might have to pay for the child to travel. This is because you are moving. Check out these common considerations for travel:
- Court Orders. The court may specify who is responsible. The custody order should say who pays for travel expenses. This can be part of the initial custody agreement. It can also be addressed during a motion to change legal residence.
- Parent Agreements. Parents can mutually agree. They can share travel costs. This agreement can be formalized in the custody arrangement.
- Pro Rata Share. Parents can share travel costs in proportion to their income. Higher-earning parents may pay a larger share of the cost.
- Alternating Responsibility. Parents can alternate the responsibility of shouldering travel costs. One parent can cover the cost of one trip. The other parent can cover the next.
- Distance and Mode of Travel. The parents can consider the distance and mode of travel. There can be driving or flying. They should look into how it will impact each parent’s financial situation.
With distance between households, travel is inevitable. You will have to talk about travel costs. You have to look at the mode of travel. Each means different costs. The court is supposed to include this in the custody order. Parents might fail to reach an agreement about the travel costs. One of the parents may have to seek a court order to resolve the issue.
Should I Talk to a Lawyer Before I Move?
You’re thinking about moving with your children. Talk to a lawyer about the move. Lawyers know the rules. They can help you with the judge.
- Michigan laws are specific. Michigan has rules on moving with children. You need to look them up. They can be complicated. You’ll need a Michigan lawyer to understand them. Know what you can and cannot do during a move.
- Custody orders are key. Start by reviewing your custody order. There might be provisions about relocation or moving. A lawyer can go through the provision of the order with a fine-tooth comb. Tell you with more clarity what it means to your situation. Do this to avoid accidentally breaking rules.
- Moving can change custody. A lawyer can explain better how moving will trigger a custody modification. A lawyer can also help you with changing the order. You need a lawyer to ask the court to make changes to custody.
- Knowing the local courts. You have to know people to get to the right offices and courts. Michigan lawyers know the local judges. They are familiar with how things work in the court system.
- The right paperwork. There’s paperwork when moving with children. You need to fill up the right forms. You have to complete the form the correct way.
- Michigan-specific advice. Each family’s situation is unique. A Michigan lawyer can offer advice specific to your situation. Whatever advice your lawyer gives will be in keeping with Michigan family law.
Talk to a Michigan lawyer about your planned move. Protect yourself and your children. You need the right advice to do this right. Avoid costly mistakes. Your lawyer is only a phone call away.
What if I Don’t Follow the Rules on Moving with My Child?
You can move without asking the judge. You will get in trouble. Big legal trouble. The judge can change the custody papers. Several consequences can unfold.
- Contempt of Court. You moved. You failed to get the necessary court approval. You did not notify the other parent. You will get in trouble possibly held in contempt by the court. You’re looking at fines or community service. You might even get jail time.
- Modification of Custody. The co-parent may react to your move. The other parent might file a motion. They will ask the court to change the custody arrangement. It can result in a change in the existing custody order. Your action of moving the child might be viewed as detrimental to the children.
- Impact on Future Legal Matters. Disregarding the provisions of the custody order can affect your credibility. It can be bad for your standing in future legal matters related to custody or visitation.
- Complications in Co-parenting. Moving your children without consulting your co-parent can rile up sentiments. It can strain your relationship with your co-parent. Animosity can make co-parenting contentious.
- Enforcement Actions. An aggrieved co-parent can always take legal action. They can ask to enforce the current custody order. It can lead to court-ordered measures to return the child to the original location.
The rules are in your custody order. It’s best to follow them. Seek out court approval before moving with your children. Consider how your co-parent will feel. It’s much easier to do it the right way. The rules for moving are only complex if you don’t understand them. You want to follow the rules. You want to keep your family strong. You can learn the rules. You can talk to a lawyer. You can ask the court for permission if needed. The court will always accommodate you if it’s for the good of the children.
Subscribe to our YouTube channel today for more advice on Family Law!
Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.
At Goldman & Associates Law Firm there’s always a sympathetic ear ready to listen.
Schedule your complimentary case evaluation with our leading attorneys.
(248) 590-6600 CALL/TEXT if you need legal assistance.