Michigan Moving Away FAQ's

May I move to another state after my divorce?
In Michigan the court which granted your divorce retains jurisdiction to change jurisdiction over the minor children. To move to another state, a petition must be filed with the court that granted the divorce as it retains jurisdiction over the minor children.

How does the judge decide?
In Michigan the court follows a New Jersey case and considers these factors:

1. The prospective advantages of the move in terms of its likely capacity for improving the general quality of life for both the custodial parent and the children.
2. The integrity of the motives of the custodial parent in seeking the move in order to determine whether the removal is inspired primarily by the desire to defeat or frustrate visitation by the non-custodial parent.
3. Whether the custodial parent is likely to comply with substitute visitation orders when he or she is no longer subject to the jurisdiction of the Michigan court.
4. The integrity of the non-custodial parent's motives in resisting the removal and the extent to which, if at all, the opposition is intended to secure a financial advantage in respect of continuing support obligations.

Finally, the court must be satisfied there will be a realistic opportunity for visitation in lieu of the weekly pattern which can provide an adequate basis for preserving and fostering the parental relationship of the non-custodial parent if the move is allowed.

How are those four standards applied?
The test is not, as one would expect, the best interests of the minor child, but rather what is in the best interests of the proposed family unit.