Society is increasingly mobile. People often get job offers or opportunities to move out of state. But if you are a co-parent of a child, parental relocations could require a motion in the Michigan family courts before you pack your bags. The Michigan family law attorneys at Bebout, Potere, Cox & Bennion, P.C., know when and how to file a motion for change of domicile or residence to let you take advantage of opportunities to improve life for you and your children.
Can Michigan Courts Prevent Parental Relocations?
When life changes, a child custody order or Judgment of Divorce can create an obstacle to parental relocations out of state. If your child's custody is controlled by a court order – a result of either a divorce or earlier child custody action – you will need to get permission before you move your child out of state. In most cases, the “100-mile-rule” will also apply. If you and your spouse or coparent lived within 100 miles at the start of your case and you share joint legal or physical custody, you will also need to get permission before you move 100 miles away from your prior home, even if you don't cross state lines.
However, you don't always need to file a motion in Court before relocating. The Michigan Child Custody Act allows parental relocations out of state, or beyond 100 miles, with the other parent's consent, or on order of the court. That means your first step should always be to talk to your coparent. If you can agree to the relocation, you can avoid filing a motion or showing up in court at all. However, it is wise to put the agreement in writing and file it with the Friend of the Court, to ensure it can be enforced.
It should be noted that these motions apply to relocating a child out of state. Michigan courts can't prevent parental relocations, but they can keep you from taking your children with you. To avoid violating court orders and facing post-judgment of divorce enforcement actions, you need to ask the Court's permission before changing your child's residence or domicile.
Factors Considered in Change of Domicile or Residence Cases
There are several steps to a change of domicile petition. If you file a motion for change of domicile or residence, the Michigan family court will first consider five factors to determine whether the move will be beneficial to you and your children:
- Whether the move has the capacity to improve the quality of life for you and your child
- Both parents' history following the current custody and parenting time order, and whether the move is motivated by an effort to frustrate parenting time
- Whether an alternative parenting time schedule can preserve the parent-child relationship with each parent
- Whether the opposition to the move is financially motivated
- Domestic violence involving either parent or the child
If these five factors tip in favor of relocation, the Court will look at which parent or parents the child has an established custodial environment with.
If the move would change that established custodial environment, it will be up to you and your family law attorney to show that the change is in the child's best interest by clear and convincing evidence – the highest burden of proof in Michigan family courts. The Court will apply a best interest analysis, just like in your initial custody case, to decide whether to allow the child to move out of state, or whether to alter the custody and parenting time to keep the child's relationship with his or her parents intact.
What to Do If the Job Won't Wait
One of the most challenging aspects of parental relocations is timing. Often, job offers may only be held open for a few weeks, while post-judgment custody proceedings can take months – sometimes more than a year. If you receive a job offer that will not wait, your options are limited. If you're on a time crunch, your best choice is to negotiate a modification of your existing custody and parenting time order with your co-parent out of court. Propose a generous parenting time schedule and try to work with your co-parent to address concerns about electronic contact, telephone calls, and transportation. Remember, if your co-parent consents to the move, the Michigan Court can't refuse it. It can only adjust parenting time to reflect the child's best interests.
Get Help with Parental Relocations 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 you petition the court for an order that allows you to either move with your children out of state or a 100 miles or more within Michigan. Call us at 248-651-4114 or contact us here to speak to an attorney.