Parties may go through significant life changes after a Michigan divorce, making a previous court order on child custody no longer practical for parents and children. Job changes, new relationships, and other unforeseen circumstances may require a parent to relocate, but doing so requires compliance with various rules and regulations. Any mistakes or oversights in the relocation process can have serious legal consequences.
Relocating with a minor child is a serious matter under Michigan law, so a parent seeking a change of domicile must strictly comply with the legal requirements. In general, a parent does not need court approval to move with the child if:
For all other change of domicile matters, a relocating parent must obtain court approval. There are a few acceptable means of moving the child:
By Agreement: If both parents agree to relocation and the child’s new residence is still in Michigan, the parties can prepare and enter a court order reflecting the new arrangement.
By Motion: If the parents do not agree, the party seeking relocation must file a motion and have the court decide the matter. As with the original determination on child custody, the most important consideration in change of domicile is the child’s best interests. In that context, a judge may review:
The skilled attorneys at Benson & Associates, PLLC are here to serve your legal needs if you or the child’s other parent must make a move. We’ve represented clients on both sides of the relocation issue, so our lawyers have the experience to help you navigate the process and stay in compliance with Michigan law. If you have questions about relocation and would like to speak with a member of our legal team, please call us at 248-357-3550. You can also visit us online to schedule a confidential consultation. We have proudly served clients throughout Oakland, Wayne, and Macomb Counties for more than 70 years, and we’re here to support you.
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