For co-parents in Michigan, deciding whether to move after a divorce is a big decision. Relocation affects everyone involved—especially the child. It raises important legal, logistical, and emotional questions. What happens if a parent wants to move? What rights do both parents have? How does the court decide what’s best for the child?
Robbins & Licavoli has years of experience helping parents handle these tough decisions. In this post, we’ll cover Michigan’s relocation laws, the legal process for relocation requests, and how co-parents can protect their rights. Whether you’re proposing a move or worried about its impact, understanding the law is key to making informed decisions.
Relocation cases are governed by Michigan law and are heavily influenced by the custody arrangement outlined in your court order. Michigan courts are always guided by one central principle in these cases—the best interests of the child.
Michigan’s “100-Mile Rule” applies to parents with joint legal custody. It requires court approval if a parent wants to move their child more than 100 miles from where they lived at the time the family court case began. This rule applies to both parents, even if one is the primary custodial parent. Exceptions to the rule include:
Even if the move is less than 100 miles, any relocation outside of Michigan requires the judge’s approval. This is true even if one parent has sole custody. The court must assess whether the move complies with the best interests of the child, regardless of the distance.
Relocation decisions are not made lightly. Michigan courts must weigh specific factors when deciding whether to approve a parent’s request to relocate. These include:
1. Improvement in Quality of Life Â
Does the proposed move offer better opportunities for the parent and child? This might include access to better schools, job opportunities, or living conditions.
2. History of Compliance Â
Has the parent requesting the move complied with the existing parenting schedule? A history of cooperation and good faith actions can impact the court’s decision.
3. Motivation Behind the Move Â
Is the move aimed at improving the family’s life, or does it serve as an attempt to limit the other parent’s access to the child?
4. Parenting Time Adjustments Â
Will the relocation make meaningful parenting time with the non-moving parent impossible? Can the parenting schedule be adapted to preserve the child’s relationship with both parents?
5. Non-Moving Parent’s Objections Â
Are the objections to the relocation in good faith? For example, is the opposition based on genuine concerns about the child’s well-being, or is it motivated by financial considerations?
6. Domestic Violence Concerns Â
Is the relocating parent seeking to escape an unsafe situation? Courts consider whether the move is necessary to protect the parent and child from harm.
These factors help the court evaluate whether the relocation is in the best interests of the child.
If you’re a parent seeking to relocate, Michigan law requires you to follow a formal notification process. Here’s how it works:
The first step is discussing the move with the other parent and attempting to reach an agreement. If both parties consent, you can submit a consent order to the court for approval. Ensure the agreement is in writing to prevent future disputes.
If the other parent does not agree to the relocation, you must file a motion with the court to request permission. This applies whether you are moving within Michigan (and the 100-mile rule applies) or out of state.
At the hearing, you will present evidence supporting the move, including how it benefits the child’s well-being and any plans for preserving the child’s relationship with the non-moving parent. The other parent will have the opportunity to present their objections.
Once the move is finalized, you must update the Friend of the Court with your new address to maintain accurate records.
If you are a parent opposing a relocation request, you have options to challenge the proposed move:
1. File a Response Â
When the relocating parent files a motion, you’ll have the opportunity to formally respond by outlining why you oppose the move.
2. Attend the Court Hearing Â
During the hearing, present evidence showing that the move is not in the child’s best interests. Highlight concerns such as disruption to the child’s routine, diminished access to the non-relocating parent, or lack of tangible benefits for the child.
3. Focus on Best Interests Â
The court’s primary concern is the child’s well-being. Clear evidence and testimony about the child’s medical, educational, and emotional needs will strengthen your case.
Remember, the burden of proof lies with the relocating parent. They must demonstrate that the move aligns with the 100-mile rule factors and, if applicable, the child’s best interests.
Navigating relocation cases can be emotionally and legally complex. Both relocating and non-relocating parents can benefit from working with an experienced family law attorney. A skilled attorney can:
Relocation cases are rarely straightforward, but Michigan’s legal framework ensures that the child’s welfare remains the top priority. Whether you’re planning to move or opposing a relocation, understanding the process and factors involved is essential for navigating this critical family law matter.
If you’re facing a relocation issue, don’t face it alone. At Robbins & Licavoli, we’re here to help you every step of the way. Contact us today to schedule a consultation and get the support you need to protect your family’s future.