Do I Need to Modify the Custody Agreement to Relocate?

Do I Need to Modify the Custody Agreement to Relocate?

You’ve been dreaming of a fresh start, a chance to build a better life for yourself and your child after your divorce. Maybe it’s a new job, a new relationship, or the opportunity to be closer to family. It feels like everything is finally falling into place. But then, reality hits: you share custody. The thought of modifying your custody agreement feels stressful, and you might even wonder if it’s worth the hassle. Maybe you’re tempted to just make the move and deal with the details later. At Lucido & Manzella, we understand how much this move means to you and your child’s future. However, in our 25 years of family law experience, we’ve found that modifying a custody agreement is often necessary to move with your child legally; otherwise, you can face many consequences. We’re here to help you understand the process so you can move forward the right way, without fear of jeopardizing what matters most.

When Do You Need to Modify a Custody Agreement in Michigan?

Michigan’s relocation laws are specific about when you need court approval to move with your child. Understanding these rules can save you from legal trouble later.

The 100-Mile Rule

The 100-mile rule applies when a parent wants to move more than 100 miles from where the child lived when the family court case started. This rule applies to both parents with joint legal custody, even if the child spends most time with one parent.

You must get the judge’s permission if you want to move more than 100 miles from the child’s original residence, unless:

• You have sole legal custody
• The other parent agrees to the move
• You and the other parent were already living more than 100 miles apart when your case started
• Your new home will be closer to the other parent than your current home

Out-of-State Moves

All Michigan custody orders stipulate that a child’s legal residence cannot be relocated from Michigan without the judge’s prior approval. This applies regardless of whether you have sole or joint custody, and even if the other parent agrees with the move.

Remember: You can’t just pack up and go, even with good intentions. Moving without permission could violate your custody order and get you in trouble with the court.

How to Legally Modify a Custody Agreement for Relocation

Obtaining court approval for relocation involves several crucial steps that require meticulous attention to timing and documentation.

Talk to the Other Parent First

Before filing anything with the court, try discussing your plans with the other parent. If you can reach an agreement, consider preparing a consent order and having it signed by both parties. This prevents future challenges and demonstrates to the court that you’re acting in good faith.

File a Motion with the Court

If you can’t reach an agreement, you’ll need to file a Motion to Change Domicile/Residence with the court. This officially requests permission to relocate with your child.

Prepare for a Relocation Hearing

After filing your motion, the court will schedule a hearing where both parents can present their cases. The judge will evaluate your request based on specific legal factors designed to protect your child’s best interests.

What the Court Will Consider When Deciding on Relocation

Michigan courts use specific factors to evaluate relocation requests. Understanding these factors can help you prepare a stronger case.

The court will consider whether:

• The move will improve your and your child’s quality of life
• Each parent has followed the existing parenting time provisions
• You’re using the move to limit the other parent’s time with your child
• New parenting time arrangements will allow your child to maintain a similar relationship with the other parent
• The other parent is opposing the move just to reduce child support obligations
• You’re moving to escape domestic violence

These factors focus on your child’s well-being rather than your personal preferences. The court may also consider the best interests of the child factors if the move would significantly change custody arrangements.

Tips for Building a Strong Relocation Case

Building a compelling case requires thoughtful preparation and clear documentation of how the move benefits your child.

Show How the Move Benefits Your Child

Document specific ways the relocation will improve your child’s life. This might include better schools, closer proximity to extended family support, improved financial stability, or safer neighborhoods. Be specific about these benefits rather than speaking in general terms.

Offer a Realistic Parenting Time Plan

Propose a detailed plan for how the other parent can maintain meaningful contact with your child. This might include extended summer visits, holiday arrangements, or video calls. Demonstrate your commitment to helping your child maintain a strong relationship with their other parent.

Document Everything

Keep records of your reasons for moving, any communication with the other parent, and evidence supporting how the move benefits your child. This documentation demonstrates transparency and good faith.

Remember: Wanting a better future for your child isn’t selfish. Courts recognize that parents sometimes need to make changes to provide better opportunities for their families.

Relocate with Confidence

Relocating with your child after a divorce is a deeply personal decision, one often driven by opportunity, safety, or the need for a fresh start. But in Michigan, you can’t simply pack up and go. If you’re planning a move that crosses state lines or exceeds the 100-mile rule, you’ll likely need to modify your custody agreement before making any changes.

At Lucido & Manzella, we understand how emotional this process can feel. For over 25 years, we’ve helped parents across Michigan make major life changes while protecting what matters most. If you’re considering a move, don’t go through it alone—contact our team today. We’ll guide you every step of the way and fight to make sure your relocation is both legally sound and in your child’s best interest.