Parental relocation can be a challenging issue after a divorce or custody order. Michigan law has specific rules to ensure that moving does not negatively affect the child’s relationship with both parents. If you share custody and want to move, you must follow legal steps to gain approval.
When do you need court approval?
Michigan law requires court approval if you plan to move more than 100 miles from your current residence or out of state. This rule applies if you have joint legal custody. However, if you have sole legal custody, you may not need court approval, but the other parent can still object.
How does the court decide?
The court considers several factors when deciding on a relocation request. These include the reason for the move, whether it benefits the child, and how it affects parenting time. The court also looks at whether the move improves the child’s quality of life and whether both parents can still maintain a strong bond with the child.
What steps should you take?
If you need to relocate, you must file a motion with the court explaining your reasons. You should provide evidence that the move benefits the child and does not harm their relationship with the other parent. If the other parent agrees, the process may be simpler. If they object, a judge will make the final decision.
What happens if you move without approval?
Moving without court approval can lead to serious consequences. The court may order you to return, modify custody, or impose penalties. It’s essential to follow legal procedures to avoid complications.
Plan your move carefully
If you are considering relocation, understanding Michigan’s legal requirements is key. Following the proper steps ensures that you comply with the law and protect your child’s best interests.