The Basics of Relocation Requests

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The Basics of Relocation Requests

Moving can be an exciting, albeit challenging, adventure. However, when custody matters are involved, it becomes a complex legal process that requires careful navigation. At Lucido & Manzella, we provide reliable advice and legal representation to help you understand the intricacies of relocation requests.

Understanding the 100-mile Rule

The first hurdle is the 100-mile Rule. This Rule necessitates obtaining permission from the court to move a child’s residence more than 100 miles from where they resided at the time of the initial family court case. Whether you hold sole or joint legal custody, adherence to this Rule is paramount.

Seeking the Court’s Approval

Before making the decision to relocate, it is crucial to file a motion with the court and obtain the judge’s approval. This important step is mandatory in most cases, ensuring that the relocation is done in accordance with legal procedures. However, it is important to note that there are certain exceptions, such as cases involving an urgent need to escape domestic violence, where approval may not be required. Additionally, if the relocation involves moving a child out of Michigan, a separate motion specifically addressing the child’s best interests must be filed. Taking these necessary steps helps ensure a smooth and legally compliant relocation process.

Factors Considered by the Court

The court takes into account several factors when deciding whether to allow the move. These include:

  • Improvement in the parent and child’s quality of life.
  • Compliance with parenting time provisions.
  • Impact on the child’s relationship with the other parent.
  • The best interests of the child.

What if the other parent agrees to the move?

Even if the other parent consents, it is still crucial to obtain the court’s approval to avoid any potential legal complications in the future. By seeking the court’s approval, you can ensure that your actions are fully protected and legally recognized, providing you and your child with long-term security and peace of mind.

Seeking Legal Guidance

Engaging professional legal assistance during this process can be incredibly beneficial. While it’s not strictly necessary to hire a lawyer for relocation matters, it is highly recommended. Navigating the legal requirements and procedures related to child relocation can be complex and intricate. A lawyer with family law experience can help ensure that all necessary paperwork is filed correctly, the right steps are taken, and your best interests, as well as those of your child, are effectively represented. A lawyer can provide crucial guidance, advocate for your rights, and answer any questions you may have about the process.

Legal Representation Matters

Legal processes can be daunting, especially when child custody is at stake. That’s why consulting with a seasoned lawyer is recommended. At Lucido & Manzella, we have a wealth of experience in family law and are ready to assist you through each step of the legal process. We understand that relocation requests are more than legal processes; they involve real people and real emotions. Our team is committed to providing the guidance, reassurance, and experience you need during these challenging times. Contact us today for a consultation.

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