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A move can complicate child custody issues

On Behalf of | Jun 6, 2020 | Firm News |

Child custody is one of the most complicated issues in divorce. Parents want to spend as much time as possible with their children after their marriage ends. That can be threatened if a custodial parent wants to move their children.

Family dynamics change after a divorce. Michigan’s child custody laws are in place to ensure everyone’s rights are supported. If you are the custodial parent or if you have joint custody, there are laws the protect your rights if there is a proposed move.

Joint custody and moving – know how the laws protect your rights

A move could affect the time you spend with your child. There are laws in place that protect your parental rights. If you are moving with a child, or if you want to contest that move, you might have to go to court.

A move out of state or more than 100 miles from the child’s current residence must be approved. That approval is not required if the other parent agrees to the move. You also do not need approval if you have sole custody or if you were already living more than 100 miles apart.

The best interests of the child

If the move falls outside the rules, the best interest of your child will be the determining factor. The court will decide if the move:

  • Gets the child closer to other family members or medical treatment.
  • Provides better work opportunities for the custodial parent.
  • Parenting time is affected.
  • Is being made to interfere with the noncustodial parent’s time with the child.
  • It improves the child’s lifestyle.
  • Is being made to take the child away from domestic violence.

How does the move impact the relationships with the child and both of their parents? You must understand your parenting rights will how the move impacts those rights.