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Is My Ex-Spouse Allowed to Move Abroad With Our Child?

Some see divorce as an opportunity for a fresh start. To accomplish this change, some individuals may decide to move across town or across the country. A few may decide to move to an entirely different country. While grown adults are free to do as they please, custodial parents do not have the same freedom post-divorce or separation.

It is possible for a custodial parent to be located outside the United States. However, the process of doing so can be complicated and time-consuming. Failing to follow the proper steps can lead to criminal charges and negative consequences for the guardian’s parental rights.

3 Ways to Get Permission to Move Abroad

So long as you have joint custody over your child, your ex cannot legally take your child and move abroad on a whim. Instead, they must obtain permission through one of three ways. These include:

1. Getting Consent

First, you can agree to allow your ex to take your child and move abroad. Your ex must disclose all material facts to you about the planned move and answer all your legitimate questions in order for your consent to be recognized by the court. If your ex lies to you or deceives you, then any consent you give may not be recognized by the court.

When the court officials are satisfied that you are giving your consent freely and knowingly, they will issue appropriate orders to allow the move to occur.

2. Scheduling a Contested Court Hearing

Suppose that you do not agree to your ex’s request to move out of the country with your child. The next option would require your ex to petition the court and ask for its permission over your objections.

The tremendous limitations that moving abroad places on your parenting rights will mean your ex will have a difficult time convincing the court to let the move proceed.

You should receive notice of the court hearing. It is imperative you attend the hearing or have your Michigan child custody lawyer attend on your behalf to challenge the request. If you do not contest the move in court, the judge may rule to let the move proceed.

3. Obtaining Sole Custody

Finally, you should note that if the court has terminated your parental rights and awarded sole custody to your ex, then your ex can move abroad with your child whenever they choose. Because you no longer have parental rights in such a situation, the court would not have any of the concerns it would have if the two of you shared joint custody over your child.

Challenge Unfair Moves With the Help of a Michigan Child Custody Lawyer

Gucciardo Family Law is experienced in Michigan’s child custody laws, and our skilled lawyers are prepared to defend your parental rights. Contact us immediately if you suspect that your ex is planning to move out of the country.

We will work quickly to challenge your ex’s planned move and fight to keep existing custody orders in place so that you can continue to parent your child.

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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