What Should You Know Before Relocating After Divorce?

Divorce is hard enough on its own. Then comes a new chapter, and with it, the possibility of a fresh start somewhere new. But if you share children with your former spouse, relocating isn’t as simple as packing boxes and picking a moving date. Michigan law places real restrictions on post-divorce relocation, and the consequences of getting it wrong can be serious. Before you make any decisions, you need to understand:

• Notice requirements: Michigan law requires you to provide written notice to the other parent before relocating with your child.
• Impact on parenting time: Moving, even short-distance, can significantly disrupt an existing parenting time schedule.
• Best-interest factors: Courts weigh specific factors to decide whether a relocation is in your child’s best interest.
• Modifying existing court orders: If you want to relocate, you may need to modify your current custody or parenting time order formally.

At Robbins & Licavoli, our team is proud to guide clients through every aspect of the divorce process. If you have any further questions or need help with your divorce, our team is happy to take your call. Reach out today.

What Are the Notice Requirements for Relocating After Divorce in Michigan?

Michigan law requires a parent to provide at least 90 days’ written notice before moving to a new residence if the move would change the child’s legal residence. That notice goes to the other parent and must include:

• The new address and phone number
• The date of the planned move
• The reason for the relocation
• A proposal for how parenting time could be revised

If the other parent objects within 21 days of receiving notice, the relocating parent cannot proceed without court approval. Skipping this step or moving without notice can damage your credibility in court and put your custody arrangement at risk.

How Does Relocation Affect Parenting Time?

Even if you only plan to move a county or two away, a relocation can throw off a parenting schedule that took months to negotiate. Pick-ups, drop-offs, school schedules, and holiday arrangements may all need to be revisited.

When a move is involved, the court will not simply update the address on your order. It will take a hard look at whether the new arrangement can realistically serve your child’s needs. That includes:

• How the move affects the child’s relationship with the non-relocating parent
• Whether the parenting time schedule can be restructured to maintain meaningful contact
• The child’s ties to their school, community, and extended family

Ultimately, decisions about relocation are made with the primary focus on what serves the best interests of the child. Courts thoroughly evaluate how changes impact the child’s stability, relationships, and overall well-being. It is essential to approach these matters with careful planning and a comprehensive understanding of how new arrangements will affect every facet of the child’s life.

What Best-Interest Factors Does the Court Consider for Relocation?

Michigan courts apply a specific set of best-interest factors when evaluating a contested relocation. These are not vague considerations. They are codified criteria that judges work through case by case. The factors include:

• Whether the move is likely to improve the quality of life for the child and relocating parent
• Whether the move is motivated by a legitimate purpose, or whether it appears designed to limit the other parent’s access
• The degree to which the non-relocating parent’s parenting time will be affected
• Whether a modified parenting time plan can preserve the child’s relationship with both parents
• The child’s preference, depending on age and maturity

The court is not there to punish you for wanting a new start. But it does require that the child’s needs come first in the analysis.

When Do You Need to Modify an Existing Court Order?

If your divorce decree includes a custody or parenting time order, that order controls. You cannot simply relocate and assume the existing order will adapt itself. In most cases involving a meaningful move, you will need to:

• File a motion to modify the existing order
• Show that the relocation represents a proper cause or change in circumstances
• Demonstrate that the proposed change serves the child’s best interests

Courts do not grant modifications automatically. You need to build a case, present supporting evidence, and address the other parent’s concerns directly. If both parents agree on the relocation and a revised parenting plan, that agreement can be submitted to the court for approval, which often streamlines the process considerably.

Talk to a Family Law Attorney Before You Pack a Single Box

Relocating after divorce touches nearly every part of your family law case. Parenting time, child support calculations, custody arrangements, and court orders can all be affected by a single move. Getting ahead of these issues early puts you in a much stronger position.

At Robbins & Licavoli, our family law attorneys work closely with clients facing relocation questions. We take the time to understand your situation, give you an honest picture of your options, and advocate for an outcome that works for your family. Contact us today to schedule a consultation.