In Michigan, a judgment of divorce or an order regarding custody includes language stating that the residence of a minor child cannot be removed from the state of Michigan or 100 miles from the residence without prior approval of the court or agreement of the parties, then the person who is requesting the move would have to show valid reasons to change residence. The valid reasons would have to be in the child’s best interests.
The court has to look at several factors regarding the 100 mile factor, including whether the legal residence change has the capacity to improve the quality of life for both the child and the relocating parent. Also, to the degree to which each parent has complied with and utilized his or her time under a court order governing parenting time with the child. Also considered is whether the parent’s plan to change the child’s legal residence is inspired by the parent’s desire to defeat or frustrate the parenting time schedule and, if the court were to permit the legal residence change, if it is possible to order modification of the parenting time schedule and other arrangements governing the child’s schedule in a manner that can preserve the parental relationship between the child and each parent.
Whether each parent is likely to comply with the modification and the extent to which the other parent opposes the legal residence change, whether the change is motivated by the desire to secure a financial advantage with respect to a support obligation, and domestic violence are also factors in the court’s decision.
Another issue taken into consideration is whether the move is out of state. The 100 mile rule was put into effect within the last several years because in Michigan, you can move out of state and still be within 100 miles, but you can also move within the state and be eight or nine hours away. Valid reasons for the change of residence would be a remarriage where the new spouse has been transferred, or the party themselves has been transferred, and has the opportunity to either have a better job or lose their job. The issues then would go before the court, if the parties could not agree.
If the parties agreed, then an order could be entered approving their agreement. If not, then it’s up to the court to make the decision. The court would look to whether they have still established a custodial environment for both parents, especially the parent that is left behind. In today’s society, where it’s easy to move from one location to another, this is an area that has become very involved with the courts.
You cannot change a child’s residence without the court’s approval, unless there is an agreement.
There could be another consideration, even if the court is satisfied with the five main factors. If the move changes the custodial environment, then the court must look to what is in the child’s best interest under custodial factors.
If the judgment of divorce or the order of custody is in the state of Michigan, then that state has jurisdiction which remains there as long as the child stays in the state of Michigan. If the parent moves to another state, the jurisdiction will stay in the state of Michigan.
The court will change the visitation schedule to accommodate for a change of residency. Usually, those changes include more parenting time in the summer and on other holidays for the parent who is left behind.
For more information on Change Of Residence Under Family Law In MI, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (248) 869-0030 today.