How divorce with kids limits your right to relocate

On Behalf of | Dec 15, 2020 | Divorce Law

Moving on with your life after divorce often means actually moving somewhere. Getting away from all of the memories of your marriage can help you heal and focus on your future. Michigan is a big state with plenty of opportunities. You may have connections in another city that can help you get a better job in an area with a lower cost of living.

If you share custody of your children with your ex, moving could seem tempting. You might think of it as a way to get away from your former spouse. However, a close look at your custody order might make you realize that a long-distance move will require a bit of work.

Under Michigan law, parents usually can’t move more than 100 miles away from where they lived with the child at the time that they filed for divorce.

Limiting relocation preserves parental relationships

Quite a few people would like to put hours of travel time between themselves and their ex after a divorce. Unfortunately, those desires often undermine what is best for the children.

The courts order shared custody in part because it’s better for children to be close to both parents after a divorce. The Michigan law that limits parental relocation seeks to prevent one parent from taking the children so far away that the other cannot reasonably play a role in the lives of the kids. It’s possible to travel 100 miles for visitation or parenting time, but much more than that may not be realistic.

You can always go to court to ask for permission to move

You aren’t stuck exactly where you are indefinitely just because you have children with your ex. You can go to the court and ask for a modification that permits you to move. Your ex might even support you in that decision.

If they don’t and they fight back, you have the opportunity to convince the court that the move would be in the best interest of your children. You can file a request and then show why you want to move during the hearing. The sooner you start planning to make your case about moving, the greater your chances of success when the time comes to convince the courts.