CHANGE OF DOMICILE

The rising trend of people leaving Michigan has led to an increase in questions from parents about the laws surrounding moving out of state with their children.

If a child custody court order is in effect in Michigan, it’s important to understand that moving with your child can carry legal implications. State law prohibits parents with joint legal custody from changing their home or moving over 100 miles from the child’s official residence at the time of the custody order. This can only be done if they secure court permission, if the new home is closer to the other parent, or in cases of domestic violence.

It’s crucial to follow the right steps and get court approval, even if you have a valid reason like a new job, to avoid legal penalties such as fines or possible jail time.

Courts take requests to move children over 100 miles from the other parent seriously in custody arrangements. These requests can be legal challenges during or post-divorce. The courts prioritize the child’s best interest, which often means regular contact with both parents. The 100-mile rule is a key issue in custody cases since the distance could limit the other parent’s involvement in the child’s life.

If you’re planning to move over 100 miles, it’s recommended to consult an attorney well ahead of your planned move. These cases typically require a hearing and can take months before the court delivers a ruling. Michigan law outlines certain factors for the court to consider when deciding on a change of home. These include the potential for better life quality for the child and the moving parent, adherence to parenting time orders, possibility of changing the parenting schedule, and other arrangements.

Organizing parenting time when living out of state can be complicated, and arrangements can differ based on each case’s unique circumstances. Transport logistics and visitation costs are usually decided on an individual basis. If parents can’t agree on parenting time or transport issues, the judge will make the decision.

If you need to change a custody order due to a new job offer or remarriage, it’s important to discuss this with an experienced attorney at Cicchelli Law Offices, PLLC. Motions to change domicile often end in negotiated settlements, similar to contested divorces. These motions can be emotionally charged for both parents. A skilled family law judge might apply substantial pressure to persuade parents to reach a negotiated settlement. In some instances, the judge may require the parties to participate in non-binding mediation before a hearing. It’s always worth exploring the option of reaching a mutually agreeable solution before resorting to litigation.