Can I move out of state with my children?

Can I move out of state with my children?

Once your divorce is final, you may want to make changes in your life. One of those may be moving to a new area. It could be a different state or just another area of Michigan. In any case, if you have physical custody of your children, you must find out if you can move without breaking a court order.

The Michigan Legislature states that you cannot move more than 100 miles away from your current address. There are exceptions, though, and you can petition the court for approval for a move in some cases.


The rule about moving does not apply if the other parent agrees to the move. In addition, if you already live 100 miles from the other parent or if the move would bring you closer to the other parent, then it is often okay to do. Furthermore, if you included a clause in your parenting agreement about move-away situations, then that applies before the state law, so there may be further exceptions.

Court decisions

If there is no exception in your case, then the court must make a ruling. When doing so, it considers many factors as to the reason for the move, the motivation of you and the other parent in seeking permission or denying permission, and what is best for your children.

The court specifically looks at whether the move will improve the quality of life for you and your child. It looks at how well you and the other parent have followed the parenting time, noting any issues you may have had. It also considers if you can successfully modify the parenting time agreement so that your children will still have adequate time with both parents and whether both of you will comply with the new order.

There are also some situations where the court allows a move during considerations. Most notably, if you are a victim of domestic violence and you must move to protect yourself and your children, the court may allow that temporarily while deciding your case.

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