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Michigan has detailed rules for parental relocation

On Behalf of | May 14, 2024 | Child Custody |

When a divorced or unmarried parent wants to move with their child, it can affect the rights of the other parent, and sometimes the other parent objects. Most states have rules for how to handle these issues. Michigan’s law regarding parents moving with their children is relatively complex compared to rules in other states.

On the one hand, Michigan’s law is broad. It applies to any situation where a child’s custody is subject to a court order. It applies both to the parent with whom the child lives most of the time and the other parent. Neither parent can make a permanent move without following this law.

The law is also strict. A parent who wants to move will have to get the court’s permission to do so unless the other parent agrees. The court will decide the case based on several factors.

On the other hand, the law has lots of exceptions:

  • The law does not apply if a parent moves less than 100 miles from their current residence.
  • If only one parent has legal custody, then that parent does not have to follow the relocation law.
  • If the two parents already live 100 miles apart, they do not have to follow this law.
  • The law also does not apply if a move will mean that the two parents live closer to each other.
  • The parents may also create their own exception by setting out how they will handle relocations in their court order.

Even if a parent believes that they have an exception to this rule, before a move, they should still review their court orders since there may be additional requirements in those documents.

There may also be other reasons to notify the other parent of a move or even get the parent to agree to it.

A person who needs to move will want to protect their legal rights

People often need to move out of Bloomington Hills or other parts of the greater Detroit metro area for good reasons, like a job or because of family concerns.

On the other hand, the parent who is not moving may be very concerned that the move will mean they miss out on a relationship with their children.

Many times, parents will not easily agree on relocation. It will be important for a parent who is trying to move for a solid reason to protect their legal rights to do so with their children.