
Can I Relocate with my Child after a Divorce?
On Behalf of Law Offices of Michael A. Robbins | Jul 30, 2019 | Uncategorized |
If you and your former spouse have a child whom you are co-parenting after a divorce, you may not have complete control over where you want to reside. This is especially true if you are intending to move somewhere outside the State of Michigan.
Decisions regarding child custody and visitation are always made to favor the child’s best interests. As such, public policy in the state of Michigan encourages that the child be as involved as possible with both of his or her parents.
In light of this goal, there are restrictions in the state of Michigan regarding how far, when, and where a parent can move with a child following a divorce. In general, a parent’s ability to relocate with his or her child is determined by the type of custody arrangement which the parties have in place, as well as the distance the parent wants to move.
All divorce and child custody cases are unique. If you are recently divorced from your spouse and are anticipating a move with your minor child, the experienced Michigan divorce and child custody lawyers at the Law Offices of Michael A. Robbins can help you make an informed decision in your case.
Joint Custody Arrangements
In joint custody arrangements, both parents share physical custody of their minor child or children. When that is the case, it is not necessary for you to obtain court approval, in the event you wish to move a maximum of 100 miles away from the residence where your child legally resides.
This 100 miles refers to road travel, however – not a 100-mile radius. Moreover, you must be moving somewhere in the state of Michigan. In the event you wish to move closer to your child’s other parent, there are obviously no restrictions on doing that.
If you wish to move more than 100 miles away in the state of Michigan, subject to some limited exceptions, then it is necessary for you to either obtain the written consent of the child’s other parent, or in the alternative, that you gain approval from the court. If you are able to obtain the other parent’s written consent, this will likely speed up the process considerably. After obtaining the necessary consent, you will need to file a stipulation with the court.
What if the Other Parent Refuses to Consent to Your Requested Move?
In some instances, the other parent may not consent to you move. In that case, it is up to the court to determine whether the move would be in the best interests of the minor child. In making this determination, the court will consider the following factors:
- Potential improvement in quality of life for the child and/or the parent
- Whether the parent has been compliant with previous parenting time orders
- Whether amending the schedule for parenting will continue to preserve the relationship between both parents and the minor child or children
- Whether there is domestic violence involved in the relationship between the parents which the minor child or children have witnessed
Sole Legal Custody Arrangements
In some instances, one parent may have sole legal custody and decision making power regarding the minor children in the relationship. In the event that one parent has sole legal custody over the minor children, that parent may move with the child anywhere else in the state he or she deems fit. A parent with sole legal custody does not need to obtain the other parent’s permission or that of the court.
Out of State Moves
In the event you wish to move with your child outside the state of Michigan, you must obtain permission from the court. This is true regardless of the custody arrangement which is in place, or the distance from the state line to the child’s residence.
When it comes to determining what is in the child’s best interests, the court will consider many of the factors listed above.
Call a Michigan Child Custody Lawyer Today
If you are trying to determine whether your minor child could reside with you somewhere else in Michigan, or outside the State, it is best to seek the advice of an experienced family law attorney. At the Law Offices of Michael A. Robbins, we can assist you with making difficult decisions that affect child custody and visitation.
To schedule a free case evaluation and legal consultation with an experienced Michigan child custody attorney, please contact us online today.
Recent Posts
Archives
- September 2023
- August 2023
- July 2023
- June 2023
- May 2023
- April 2023
- March 2023
- February 2023
- January 2023
- December 2022
- November 2022
- October 2022
- September 2022
- August 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
- December 2021
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- May 2016
- April 2016
- March 2016
- February 2016
- December 2015
- November 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- March 2015
- February 2015
Categories
RSS Feed
Let us help you

Contact The Firm
3910 Telegraph Road
Suite 200
Bloomfield Hills, MI 48302
Phone: 248-646-7980
Fax: 248-646-7989