We live in an increasingly mobile world. There is a significant chance you or your co-parent may need to relocate to another city or state after your marriage is over. Here is the process for getting court permission to move after divorce.

Most Michigan Families Need Court Permission to Move Far After Divorce

Most divorce judgments and child custody orders award parents joint legal custody and some form of shared parenting time, often using a weekly or biweekly schedule. But what happens when things change post-judgment? Do you need court permission to move after divorce?

Local Moves vs. In-State Moves Over 100 Miles

If you are moving to the next city, or even the next county, you generally do not need to file a motion or get the Court's permission. However, in most cases, you will need to file a motion or get your co-parent's permission to move 100 miles or more. This applies if:

• The parties lived within 100 miles of one another when the original complaint for divorce or custody was filed;
• A court order has been entered;
• The non-moving parent has any form of custody (including legal custody); and
• You are moving further away from the other parent.

The 100 miles applies as the crow flies, though the distance traveled may be longer. Even if you do not need court permission to move, you still need to notify the Friend of the Court and (except in rare circumstances) your co-parent of the children's new address.

Relocating Out of State

If your move crosses state lines and you share custody, you always need either your co-parent's or the court's permission to move, even if you are going just over the state line. This is because it can create questions about which state (or country) has authority over the children (called jurisdiction).

Sole Custodians Can Move Without Court Permission, Sort Of

The statute that controls parents' post-judgment moves does not apply to parents with sole legal and sole physical custody (including single parents with a birth certificate or Acknowledgment of Parentage, but no custody order). Solo custodians can move the children far away, or even out of state, without the court's permission. But if your custody order awards your co-parent parenting time, you may need to file a motion anyway.  The Michigan judges should not be able to block your move. However, it may need to adjust the non-custodial parent's parenting time schedule to account for the geographical distance.

How Michigan Courts Decide Change of Domicile Motions

If you do file a motion to change domicile or residence of your children, the Court will apply a 4-step process. First, the Court will apply the “domicile factors” to see if the move is appropriate:

• “Whether the legal residence change has the capacity to improve the quality of life for both the child and the relocating parent.”
• The parties' history in complying with their court order, and whether you are moving to defeat or interfere with the parenting time schedule.
• If there is a modified parenting time schedule that will preserve and foster the parental relationship between the child and each parent, which the parties are likely to follow.
• If your co-parent is opposing the motion for financial reasons.
• “Domestic violence, regardless of whether the violence was directed against or witnessed by the child.”

Next, the Court will determine which parent or parents have an established custodial relationship with the children. This is a fact-intensive analysis based on who the children look to for their “guidance, discipline, the necessities of life, and parental comfort.”

Third, the Court will examine whether the move would change the non-custodial parent's established custodial environment. This will affect how hard it will be for you and your lawyer to prove your case.

Finally, the Court will apply the 12 best interest factors to determine if the move is what is best for your children.

Negotiating an Out-of-State Move Avoids Filing a Motion

The most cost-effective way to move after divorce is to get your co-parent's written approval. This often won't be easy. Long-distance shared custody presents financial and logistical challenges and can be hard on kids and parents alike. However, there are things you can do to negotiate an out-of-state move without filing a motion or going to court.

Start Early

If your co-parent feels surprised by the request it will be harder to reach a resolution out of court. Employment offers are often for a limited time only. If you know you will be starting a nationwide job search, that is the time to start talking to your co-parent about the need to relocate.

Offer Significant Parenting Time

It is up to the relocating parent to propose a parenting time schedule reasonably calculated to maintain the parent-child relationship. If you want your co-parent to agree to the move, this offer should be generous, including both in-person visits and electronic or telephone contact. It is not uncommon for children in long-distance custody arrangements to spend almost the entire summer and school breaks with the non-custodial parent, and to have weekly or even daily video calls during the school year.

Address Transportation Concerns in Advance

Transportation is one of the toughest questions in any long-distance custody case. Be proactive in your suggestions about how the children will travel, and each party's responsibility for arranging and paying for their trips. Having a plan can help your co-parent see that you are serious about maintaining their connection with the children, and increases the chances they will say yes.

Get Court Permission to Move with Help from a Michigan Family Lawyer

At Bebout, Potere, Cox & Bennion, P.C., we care about you and your family. We help individuals and families in Rochester Hills, Rochester, Troy, Lake Orion, Oxford, Oakland County, Macomb County and throughout Southeast Michigan. We can help negotiate or advocate to allow you to and your children to move out of state or to another part of Michigan. Call us at 248-651-4114 or contact us here to speak to an attorney.