Your custody case could be affected if you move out of state. Under Michigan law, you cannot move a child more than 100 miles from their current location without permission. If you move without asking the court’s permission, a judge may change the custody order or the current parenting schedule.
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Legal Residence and Child Custody in Michigan
When both parents share custody of a child in Michigan, the child has legal residence with both parents. Under Michigan family law, a parent subject to a child custody order may not move the child’s legal residence more than 100 miles unless:
- The other parent consents to the move
- The court grants permission for the move
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Court Permission for a Move
A Michigan family court will only grant permission for a parent to move more than 100 miles away if:
- The move can potentially improve the child’s quality of life
- The extent to which the parent has complied with the existing parenting schedule
- The proposed move is not intended to frustrate or defy the parenting schedule
- The court can modify the parenting schedule to accommodate the move while fostering a good relationship between the child and both parents
- The parent opposing the move is not motivated by the financial advantage of receiving child support
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When You Don’t Need Permission to Move
The restriction on changing the child’s legal residence does not apply if:
- One parent has sole custody
- The parents’ residences are already more than 100 miles apart
- The move brings the two residences closer together
- The child custody order includes provisions for future moves, and the parent who is moving followed those provisions
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A parent who is moving to escape domestic violence can change the child’s legal residence without seeking court permission first, although the court must still make the final decision regarding making the move permanent.
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What Happens if You Move Without Permission?
If you move without the other parent’s consent or the court’s permission, you may face consequences. For example:
- The other parent may ask the court to modify the custody agreement, which could result in your losing custody of your child.
- The other parent might ask the court to order you to return the child.
- If you ignore a court order, the court may decide that moving the child without permission constitutes kidnapping. In this case, you might face serious criminal charges.
- Moving without the other parent’s consent will likely lead to increased conflict between you and your ex. This could make every interaction between the two of you more difficult.
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It’s always better to avoid conflict with the other parent. Even though you are no longer a couple, you must work together for many years to successfully raise a child. Minimizing conflict between the two of you is better for you and especially for your child.
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Contact a Michigan Child Custody Lawyer Today
If you want to move and you don’t think your child’s other parent will agree, your best chance to get the outcome you want is to strategize. An experienced child custody lawyer can help you make your case to the court and convince a judge to permit you to move out of state. If your ex has moved without your consent or the court’s permission, a seasoned child custody lawyer can help you make the situation right. The Smith Law Offices, P.C. is a small family law firm with extensive experience in child custody cases. If you have a child custody issue to resolve in Michigan, contact the Smith Law Offices, P.C., today.
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