Life is not static and sometimes circumstances arise that cause a parent with child custody to want or need to move, either within Michigan or to another state. If you find yourself in this situation, you can’t just pick up and leave. Depending on your custody arrangement and how far you wish to move, the relocation may require the other parent’s consent and also the approval of the family court. There will also be the need for modification of custody and parenting time arrangements. At Dawson Family Law, PLLC in Sterling Heights, I have over four decades of experience helping people achieve satisfactory solutions in relocation cases. You can rely on me to effectively advocate for your parental rights and for the interests of your children.
Under Michigan’s “100-mile rule,” when parents share legal custody of children, the parent who has primary physical or residential custody can move with them within the state to a distance of up to 100 miles from the non-custodial parent without the permission of that parent or the court. However, this rule has two exceptions:
If you have sole custody, you can move anywhere in the state without permission but you must get court approval for out of state moves. If you are unsure about how the 100-mile rule might apply, I will assess your situation and advise you.
If you wish to move more than 100 miles within the state and no exception applies, or if you want to move out of state, you must get the consent of the other parent or the court’s approval. If the other parent will not consent, you will have to petition the court for permission. It is possible that you will not be allowed to move if the court, after reviewing all relevant factors, determines that relocating with your child is not in the child’s best interests. As your attorney, I will advise you of where you stand legally and will make the strongest case possible in favor of your position.
The court will base its decision on what it finds to be in the best interests of the child after weighing these factors:
The child’s wishes or preferences may also be considered depending upon their age and maturity level. When you need to move to better the lives of you and your child or for another important reason, I will advise you about what evidence is required to convince the judge that the move is in your child’s best interests.
Dawson Family Law, PLLC in Sterling Heights counsels Michigan parents in child custody and parenting time matters, including modifications of these arrangements in relocation cases. To schedule a free consultation, call my firm at 833-671-4445 or contact me online.