Relocation

After a divorce or custody case is finalized, life changes may require you to move. Your court-ordered shared parenting arrangements can make relocating much harder, however. Michigan law has specific rules designed to protect the parent-child relationship and provide continued stability. Understanding these regulations is critical for any co-parent considering a move.

Whether you are the parent seeking to move or the one opposing it, the guidance of a skilled relocation lawyer is essential. At Robbins & Licavoli, PLLC, we provide the legal clarity you need to protect your parental rights and your child’s best interests.

What Is Relocation Under Michigan Law?

When parents have joint custody, Michigan law states that neither parent can move the child’s legal residence more than 100 miles from where it was when the custody case began. The law also prevents moving the child out of state without permission. This is often called the “100-mile rule,” and its purpose is to ensure that a move does not unreasonably interfere with the other parent’s court-ordered parenting time and relationship with the child.

Note that there are exceptions under some circumstances. The 100-mile rule does not apply if:

• The parents already lived more than 100 miles apart when the custody order was issued.
• The move would actually bring the parents closer together.
• One parent has sole legal custody.

How to Legally Relocate with a Child

If you have joint custody and wish to move more than 100 miles away or out of state with your child, you must obtain permission. There are two ways to do this:

1. Consent from the Other Parent: The simplest method is to get written consent from the other parent. If you can agree on the move and a new parenting time schedule, you can formalize this agreement through a court order.
2. Permission from the Court: If the other parent does not agree, you must file a motion with the court. The court will then schedule a hearing to determine if the move is in the child’s best interests. You cannot move until the judge grants permission.

What Factors Does the Court Consider?

When deciding on a relocation request, the court’s primary focus is on the child. A judge will evaluate a few particular factors to determine whether to approve the move:

1. How the move could improve the quality of life for the child and the relocating parent.
2. Each parent’s compliance with the current parenting time schedule and whether the move is an attempt to disrupt it.
3. The feasibility of creating a new, enforceable parenting time schedule that preserves the child’s relationship with both parents.
4. Whether the parent opposing the move is motivated by a desire for financial gain related to child support.
5. Any history of domestic violence by either parent.

The Lawyer’s Role in Relocation Cases

A relocation case is a significant legal event with lasting consequences. An experienced family lawyer plays a critical role in this process.

If you are the parent seeking to move, your lawyer will help you gather the necessary evidence to build a compelling case that addresses each of the factors to be evaluated. We will work to demonstrate how the move will improve your child’s life and present a viable parenting time plan.

If you are opposing the move, your lawyer will help you challenge the request by showing how the move would negatively impact your child and your parental relationship. We will ensure your rights and concerns are comprehensively presented to the court.

Protect Your Relationship and Your Future With Your Child

Moving is never a small thing, and relocating after a separation comes with legal hurdles that require experience and support. At Robbins & Licavoli, PLLC, we are here to be your advocates throughout your family law journey. Contact us today to schedule your consultation.