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How a Job Relocation Could Affect Your Child Custody in Michigan

If you are separated or divorced and have a custody order, you might have some things to consider before accepting a job relocation offer.

If you live in Michigan, you will need a judge’s permission to move your child’s place of residence. To help you stay compliant, here are some of the specifics regarding how relocating for your job could affect your child custody order in Michigan.

When You Need Approval

A judge’s approval is required to move your child’s place of residence if either of the following scenarios is true: You have joint custody and want to move over 100 miles away from your child’s last place of residence, or you are moving out of state. If you’re moving out of state, you will need a judge’s approval regardless of what your custody order states.

100 Miles

Michigan has a 100-mile rule, which prevents you from changing your child’s residence anywhere beyond 100 miles from their residence at the time the custody order was issued. This rule is applicable to both parents.

However, there are a few situations where the 100-mile rule does not apply:

  • You have sole custody
  • The other parent agrees to the move
  • Your new home will be closer to the other parent
  • You were already more than 100 miles away from the other parent

In the event that the other parent agrees to the move, make sure to talk to a lawyer about drafting a consent order. The child’s other parent will need to sign it before it is presented to the court. This will serve as evidence that you reached an agreement.

What the Judge Is Thinking

When you file a motion requesting to move, the judge will need to consider the specifics in a hearing. During the hearing, the judge will take several factors into account before making their decision.

Some of those factors might include:

  • Is the move in the best interests of the child?
  • Is the move being requested due to domestic violence?
  • Is the move being used to spite the other parent or restrict their time?
  • How will the move affect the child’s relationship with their other parent?
  • Did the parents comply with the parenting time outlined in the initial order?

In addition to the list above, you must request approval prior to moving. If you are experiencing domestic violence, make sure to consult your lawyer as soon as possible. These dangerous situations require urgent decisions that warrant special consideration.

Need an Experienced Family Law Attorney?

If you need an experienced family law attorney, Gucciardo Family Law is here to help. Our team specializes in a variety of family law-related legal matters, including divorce, custody, property settlement, and more.

We know how to protect your best interests and those of your children, and we will work tirelessly to represent you. Contact us today for a free 30-minute consultation and get one step closer to putting the past behind you.

Too much information?

We focus exclusively on family law matters so we are always available to answer your questions and help.

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