Out‑of‑State Custody in Michigan
When parents live in different states or one parent plans to relocate, Michigan’s custody laws—including the “100‑mile rule”—play a central part in determining what’s legally allowed and what requires court approval. Understanding these rules can help you protect your time with your child.
How the 100‑Mile Rule Applies in Michigan
The “100‑mile rule” limits how far a parent with joint legal custody may move a child’s residence without court or co‑parent consent. It refers to straight‑line distance (“as the crow flies”) from the child’s legal residence at the time the custody case began
Unless one parent already had sole legal custody, or both were living more than 100 miles apart before the case, or the move shortens the distance to the other parent, a move beyond 100 miles requires written permission from the other parent or a court motion: Michigan Legal Help.org – The 100-Mile Rule
Living Out of State? Here’s What Happens
If one parent lives outside Michigan—or plans to move across state lines—the court’s permission is mandatory. Even a shorter move out of state requires approval, regardless of distance. That includes taking a child across state borders for visits or travel: if it’s not in the parenting plan, you could be in contempt if you do so without consent.
What if Your Ex Takes the Child Out of State Without Permission?
If your ex-parent moves the child without authorization, they risk contempt of court—fines, attorney fees, or even loss of custody can follow. You have the right to return your child to Michigan, request contempt proceedings, or ask for an order requiring their return.
About the 100‑Mile Rule Again
The rule specifically refers to a change in legal residence more than 100 miles from the starting point at the time of filing. In Bowers v. VanderMuellen‑Bowers, a move of less than 100 miles was allowed under these parameters:Michigan Legal Help.org – The 100-Mile Rule
Detailed Information & Legal Guidance
When Court Approval Is Needed
Relocating a child requires a court motion if:
- The legal custody is joint and the move exceeds 100 miles.
- You intend to leave Michigan at all.
The court evaluates factors like the purpose of the move, parenting time history, whether the other parent is opposing for unfair reasons, the ability to maintain contact, and domestic violence concerns
The Role of Sole Legal Custody
Parents with sole legal custody have more freedom to relocate, including moving out of Michigan. But the court may still supervise parenting time logistics, and the move must be reported to the Friend of the Court within 14 days
Parenting Time vs. Legal Residence
Even if the legal move is within 100 miles and state lines, changes that disrupt parenting time can lead the other parent to file a modification request
Jurisdiction & Relocation under UCCJEA
If one parent takes the child out of Michigan, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) determines jurisdiction. Michigan courts generally keep exclusive authority unless neither child nor parents continue to reside here.
Client Success Stories & Invitation to Connect
At Goldman & Associates, we’ve helped families through complex custody modifications and cross-border custody matters. Watch our testimonials on YouTube to hear from clients who regained stability through our efforts.
Facing a move or an out‑of‑state dispute? Contact Goldman & Associates Law Firm today—our Michigan family law team is ready to protect your rights and your relationship with your child.