Your marriage is over, but both you and your former spouse remain committed to your children. As your family dynamic changes, one parent may want to relocate out of state for a job, to be closer to extended family, or for personal reasons. Whether you are the parent seeking to relocate or you intend to remain in Michigan and want your children close by, it’s essential to understand how a court will make a decision to allow a parent to relocate with minor children.
Generally, a parent seeking to relocate with children does not need the court’s permission to move to a new home in Michigan unless the parents have joint custody and the relocating parent plans to move more than 100 miles away.
The parent who wants to relocate that far will need the court’s permission unless that parent has sole custody is moving closer to the child’s other parent, both parents agree to the move, or the parents already live more than 100 miles apart.
The parent who seeks to move out of Michigan with the child must get a judge’s approval before making the move. Unlike in-state moves, the number of miles doesn’t matter, nor does the other parent’s consent to the move.
What the Court Will Consider When Granting a Move Request
For both in-state moves of more than 100 miles and out-of-state moves, the court may consider:
- The best interests of the child
- How the move would impact your family’s quality of life
- The reasons for the move and whether it is being done to keep a child from the other parent or to escape domestic violence
- The parenting time in your court order
- Whether a new parenting time agreement could allow the child to maintain a similar relationship with the parent who is not moving
- The child’s preference, if the child is old enough and mature enough to express an opinion
The judge’s decision should come before any move occurs.
How to Move Forward After a Michigan Divorce
Our Bloomfield Hills family law attorneys want to help you make the right move for yourself and your children. Whether you or your child’s other parent are seeking to move within Michigan or out of state, we are here to help you maintain your relationship with your kids and move on with your life.
Please call us, text us, or complete our contact form today to learn more.