If you’re co-parenting after a divorce, you’re not entirely in charge of your own decisions about where you live—or at least where you can move. In Michigan, as in most places, public policy favors both parents’ involvement in a child’s life, which means that there are restrictions on when (and how far) parents can move away with a child.
This doesn’t mean you can never move with your child, however. Your right to relocate depends on your custody arrangement and how far away you want to move.
The 100-Mile Rule
If you share joint custody with the other parent, then you do not need the court’s approval to move up to 100 miles from your child’s legal residence, as long as you are moving within the state. (Of course, there are no restrictions on moving closer to the child’s other parent.) Nonetheless, you may still face resistance from your child’s other parent if you move far enough away to make your current parenting schedule difficult to keep. For example, let’s say you want to move 91 miles away from your child’s legal residence. Under the law, you do not need the other parent’s consent or the court’s approval to do so. If this distance makes transitions between the parents’ homes too difficult, however, then the other parent could request a change in custody to accommodate the longer distance.
The 100-mile distance is measured between your child’s two legal residences. A child whose parents have joint custody has two legal residences: the address where each parent lived when the custody proceedings began. (If you and the other spouse happened to still live together or if one of you was without a home when custody proceedings began, then your child has only one legal residence.) Incidentally, this 100-mile distance is not a 100-mile radius. In other words, you have to stay within 100 miles by road travel, not as the crow flies.
Once you reach the 100-mile threshold, you must get the other parent’s consent or the court’s approval to move. You’ll have a much easier time if you can get the other parent’s consent. Then, you need only to get this consent in writing and notify the court of your plans, typically by filing a stipulation.
If the other parent won’t consent, the court will determine whether allowing you to move would be in the child’s best interests, considering the following factors:
- whether your move has the capacity to improve the quality of life for both the child and the relocating parent (not the parent who is staying put)
- the degree to which each parent has complied with, and utilized parenting time under, a parenting time order, and whether the move is inspired by a desire to defeat or frustrate parenting time
- whether the court is satisfied that it will be possible to amend the parenting schedule in a manner that will preserve and foster the relationship between the child and each parent, and the likelihood that each parent will comply with the modified schedule, if the move is allowed
- the extent to which the parent opposing the move is motivated by a desire to secure a financial advantage concerning child support (this is intended to prevent a parent from negotiating a lower support payment in exchange for letting the other parent move), and
- whether domestic violence has been directed against or witnessed by the child.
There are two exceptions to the 100-mile rule. First, if you and the other parent lived more than 100 miles apart when custody proceedings began, then you do not need to get the court’s approval to move an even greater distance, as long as you stay in Michigan.
Second, if you are under threat of domestic violence, then you do not need the other parent’s consent or the approval of the court before you move. You are free to go without permission as far as you need to seek a safe location – and you can bring your child too. Still, you must notify the court of your new location, which can be kept confidential so the abusive parent can’t find you. You can stay there until the court determines your right to remain that far away with your child. The court makes this determination based on the factors listed above.
Sole Legal Custody
The rules change if you have sole legal custody of your child. If you do not share legal custody with anyone, then you are free to move anywhere within the state, as long as you give the court your new address. You do not need the court’s approval or the other parent’s permission.
Moving out of State
You must get permission from the court before moving out of Michigan, regardless of your custody arrangement or the distance from your child’s legal residence to the state line. If you have sole legal custody, moving for a reason that is good for you and your child – like a better job opportunity or desire to be closer to family – is likely to get the court’s approval. Your ability to move out of state when you share joint custody, however, depends on the court’s evaluation of the factors listed above.
Taking all the factors together, if a move would allow for a better quality of life – often meaning better pay, schools, or family contact – and you can show cooperation between the parents in caring for the child, fairness in child support, and a reasonable opportunity for the other parent to maintain parenting time, then the court may let you go. However, courts generally do not favor a custodial parent’s move when it reduces the other parent's visitation time. In fact, the court can deny your request if it would be too hard on the relationship between the child and the other parent, even if every other factor supports your move.
If you are the custodial parent and are moving out of the area, plan to allow more visitation time to the other parent. This could include most, if not all of the summer vacation. Also, you might be required to pay any travel expenses for visitation that are made necessary by your move.
You can find the legal residence change law in the Michigan Compiled Laws (MCL) Section 722.31. The law requiring the court’s approval for out-of-state moves is in the Michigan Court Rules (MCR) 3.211(c). The factors to determine the best interests of a child for a change of custody are found in MCL 722.23. If you would like to read a case dealing with a move out of state, read Brown v. Loveman, 680 NW 2d 432 (2004).