Relocation
Relocation
Relocating after a divorce can bring fresh opportunities, but it can also create challenges when children are involved. Michigan’s relocation laws are detailed and strict, and even a well-intentioned move can lead to misunderstandings or disputes if the proper steps aren’t taken. At Lucido & Manzella, P.C., our family law attorneys bring over 25 years of experience and aggressive advocacy to handle your relocation matter correctly from the start.
Michigan’s Rules for Relocating with a Child
Before you can move with your child, you must satisfy certain legal requirements. Michigan law sets clear boundaries on when and how a parent can change a child’s legal residence.
- The 100-Mile Rule: If you share joint legal custody with the other parent, you must get the court’s approval to move your child more than 100 miles from their residence at the time the original custody case was filed. This rule applies unless you have sole legal custody, both parents agree to the move, you were already living more than 100 miles apart, or the new home is closer to the other parent.
- Out-of-State Moves: All moves outside of Michigan require the court’s permission. This is necessary regardless of the type of custody arrangement in place and the distance.
The Process for Requesting Permission to Relocate
The first step is often to discuss the move with your child’s other parent. If they agree, their consent should be put into a formal written document called a consent order and filed with the court. This creates a legally binding record of the agreement.
If the other parent does not agree, you must file a motion with the court. This formal request asks a judge for permission to relocate. The other parent will have the opportunity to respond, and the court will schedule a hearing where both sides can present their arguments.
How the Court Decides on Relocation Requests
When a judge reviews a relocation request, their decision is guided by specific factors established in Michigan law. The court will consider:
- Whether the move can improve the quality of life for both the child and the relocating parent.
- If each parent has followed the existing parenting time orders.
- The motivation behind the move and whether it is intended to improperly affect the other parent’s relationship with the child.
- The feasibility of creating a new parenting schedule that allows the child to maintain a strong relationship with the non-relocating parent.
- Whether domestic violence has been a factor.
If the move would create a major change in the custody arrangement, the judge will also perform a detailed analysis of the child’s best interests.
Evidence to Support Your Case
To build a strong case for relocation, you will need to present clear evidence to the court. This may include documents such as a job offer with salary details, information about educational programs in the new location, or facts demonstrating that the move will provide a safer or more stable environment for your child. You should also be prepared to propose a realistic and detailed parenting time plan.
Strengthen Your Position with a Michigan Family Law Attorney
Relocation disputes can escalate quickly, especially when the other parent pushes back. In these moments, you need more than general guidance; you need attorneys who can make focused, compelling arguments that hold up in front of a judge. At Lucido & Manzella, P.C., our team has a reputation for decisive, strategic advocacy. We know how to present a clear, fact-driven case that strengthens your position without opening the door to unnecessary back-and-forth.
If you are seeking to relocate with your child, or you are facing opposition from the other parent, we are prepared to stand firmly on your behalf. Contact Lucido & Manzella today to speak with a skilled family law attorney who can protect your rights and fight for the outcome your family needs.
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