What are the rules if I need to move?

| Apr 20, 2021 | Child Custody |

Like other states, Michigan has a law which limits when parents who are subject to custody and parenting time orders can move with their children.

Parents in the Wayne County suburbs must follow these rules or risk negative legal consequences, including the possibility of being held in contempt of court or of losing important child custody rights.

Michigan’s relocation law does not apply to many cases

The state’s relocation rules do not apply to many child custody cases.

For starters, parents should read their custody and parenting orders carefully before planning to move or, for that matter, before starting a legal battle to prevent the move.

If the court only awarded one parent legal custody, then that parent has broad leeway to move. Of course, the court’s order may have other restrictions and requirements the parent must follow.

On a related point, parents are free to agree in their court orders to how they will handle future moves. If they so in their written court settlement, then their agreement will control.

The distance of the move matters

Michigan’s law also does not apply to moves of 100 miles or less from the child’s home.

Even moves of more than 100 miles from the child’s current residence do not fall within the law if the two parents already live more than 100 miles away from each other or if the move will mean that the parents will live closer to each other.

For moves to which the law does apply, the parent wanting to move with either have to get the other parent’s consent or get permission from the court.

If the parent goes through the court, he or she should expect to have to present evidence showing the move is in the child’s best interest. The court will consider a number of factors when making this decision.