What Happens When Divorced Michigan Parents Choose to Relocate?
Life goes on after divorce. For many, this can mean pursuing different job opportunities or even beginning a new family. In some instances, these life changes might also include the need to relocate — which could create complications if children are involved.
Learn more about the restrictions you may face if you want to relocate after a divorce.
Moving Within Michigan
If you want to move over 100 miles from where your child lived during the divorce proceedings, the judge must sign an order allowing you to relocate. If you and the other parent lived over 100 miles apart when the family court proceedings started, this 100-mile rule doesn’t apply.
The judge will look at a few factors when deciding whether to rule in favor of the relocation. These factors include:
- The motives the other parent has for contesting the move
- How the child can maintain a relationship with the other parent after the move
- Whether the move would improve your child’s life
- Whether both parents have followed the existing parenting schedule
Remember that if the other parent doesn’t object, you may not need to get permission from a judge. However, sometimes the other parent may change their minds, and if they only permitted you verbally, this could create all manner of issues for you once you’ve relocated.
Moving Outside of Michigan
Whether you have joint or sole custody, you need to get approval from the judge to move out of the state of Michigan. This is the case whether the other parent contests the relocation or not.
The distance of the move makes no difference. Even if you live near the state border and only plan to move ten miles into Ohio, you need the judge to agree.
Moving Outside of Michigan Because of Domestic Violence
If you and your child are in danger and you need to leave Michigan to stay safe, you can do so and then apply to the judge for permission later. You don’t have to remain in a location where you’re in danger as you wait for a court date.
It’s important to note that you don’t have a lot of time after you relocate to file for permission from the judge. Waiting for too long can make it appear as if you’re preventing the other parent from seeing their child.
Speak With a Family Lawyer
If you are planning on relocating or if your ex-spouse is considering it, it’s important to get a family lawyer on your side. You need to make sure that your rights as a parent are respected.
Our team at Gucciardo Family Law is here to help people who’ve gone through a divorce. With years of experience working in Michigan, we’re able to provide the guidance you need as you move on from your divorce. To learn more about relocating, contact us at Gucciardo Family Law and make an appointment with a lawyer.
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We focus exclusively on family law matters so we are always available to answer your questions and help.
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