Custody

If you are planning to permanently move with your child, which the law refers to as changing the legal residence of the child,¹ there are some things you should consider:

• You don’t need consent from the other parent or authorization from the court if:
  • you’re moving within 100 miles from the other parent’s residence;
  • the parents’ residences were farther than 100 miles apart when the custody case started;²or
  • you have sole custody of your child.³
• You will need the other parent’s consent or court authorization if you want to move farther than a 100 miles from the other parents’ residence.³

If you need court authorization to move with your child, the judge will look at the following factors:

1. if the move would improve your child’s quality of life and your own;
2. the extent to which both parents have used their court-ordered parenting time with the child;
3. the likelihood that you want to move so that the other parent cannot have his/her allotted parenting time;
4. if the parenting time schedule can be changed so that the child-parent relationship with the other parent can continue to be maintained and encouraged;
5. the likelihood of both parents following (complying with) a modified order;
6. if the other parent seems to be opposing the move in order to pay less child support; and
7. domestic violence, regardless of whether the violence was directed against or witnessed by the child.⁴

If you are trying to flee a domestic violence situation, you might be able to move to a safe location with your child while the judge makes a decision on the case.⁵ However, it’s possible that the judge will order you to move back to the state if s/he eventually denies your request to move.

¹ MCL § 722.31(1)
² MCL § 722.31(3)
³ MCL § 722.31(2)
⁴ MCL § 722.31(4)
⁵ MCL § 722.31(6)