If you’re a parent considering a move after divorce, you should know that Michigan law imposes strict rules. When parents share joint legal custody, consent or court permission is required if one parent wishes to move a child more than 100 miles within Michigan, to another state or in a way that would substantially interfere with the other parent’s rights. These restrictions are meant to protect the child’s relationship with the non-moving parent, ensuring meaningful contact and minimizing disruption.
When a parent seeks court approval to relocate, judges apply what are known as the “D’Onofrio factors” to decide whether a move is in the child’s best interests. They are as follows:
- Whether the proposed move promises a better quality of life for the child and the relocating parent, based on a better job, better education, a safer neighborhood or increased family ties.
- The relocating parent’s history of history of supporting the child’s relationship with the other parent, including compliance with parenting time schedules.
- Whether the move is motivated by a desire to frustrate the other parent’s parenting time. The court will not allow a move that appears to be retaliatory or motivated by spite.
- Whether it’s possible to create a realistic parenting time plan after the move. The court factors travel time and cost, the child’s age and whether virtual parenting time is feasible.
- Whether there is a history of domestic violence on the part of either parent. The child’s safety weighs heavily in the court’s decision.
If the move would alter the child’s established custodial environment, the court also reviews Michigan’s broader set of best interest factors.
There are exceptions where court approval is not required, such as where one parent has sole legal custody or when parental moves don’t affect the child’s school district or parenting time. If the move brings the child geographically closer to the other parent, permission is generally not needed.
If you are a parent with joint custody considering relocation and the child’s other parent does not consent, do not make the move independently. Reaching out to a Michigan child custody lawyer early can prevent expensive mistakes. Relocation cases are highly fact-specific. An attorney can help prepare your petition, gather documentation supporting your reasons for the relocation and present a detailed parenting time plan that safeguards your child’s bond with both parents.
Dawson Family Law, PLLC in Troy advises Michigan parents on child custody and relocation matters. To schedule a free consultation, call 586-514-0084 or contact us online.
