Many circumstances may lead a person to decide to relocate, but there are certain restrictions when the individual happens to be the custodial parent of a minor. The child’s other parent has an interest in a change of domicile, and Michigan law prohibits moving in certain cases. While parents may agree to relocation of the child, disputes often arise because transportation and logistics impact parenting time. Unless the parent who wants to relocate obtains consent or court approval, there can be serious legal consequences.
Whether you’re the parent seeking to relocate or the parent wanting to prevent it, the attorneys at Benson & Associates can help. Our lawyers have experience representing parents on both sides of the issue, and have comprehensive knowledge of the legal process for change of domicile. We gather the evidence you need and develop a strategy to prove your case to the court.
The initial consideration in a change of domicile matter is determining if it’s necessary to involve the non-custodial parent and/or court. For a relocation that’s less than 100 miles away from the current residence, there are no legal requirements for taking the minor child to a new home. In addition, change of residence requirements only apply in situations where there is joint custody.
If the move will trigger Michigan law on legal residence change, it may be possible for the parties to agree and obtain consent from the non-custodial parent. In the absence of consent, the matter becomes quite complicated. The parent seeking relocation must petition the court, where a judge will make a determination based upon five factors as provided by law:
Relocating your household after a Michigan divorce isn’t as easy as just packing up and moving. If you don’t have a legal background, you may make mistakes and these errors can be costly. Our lawyers will represent your interests whether you need to petition the court for a change of domicile or defend against relocation of the minor child. The attorneys at Benson & Associates have in-depth knowledge of the state laws governing relocation and can assist you throughout the process. Our lawyers have seven decades of combined experience serving clients in Oakland, Wayne, Macomb Counties, and we’re here to answer your questions on relocation. To speak with a skilled attorney about your situation, please call our Southfield, MI office at 248-357-3550 or schedule a consultation on our website.
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