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Can I move away with my child after my divorce?

On Behalf of | Aug 25, 2022 | child custody |

Divorce is an opportunity for you to get a fresh start in life, and for some this means leaving an old environment behind and moving away. If you have a child, however, you cannot simply pack up and move away with the child on a whim after your divorce.

What is required to move away with your child?

Under Michigan law, if you are subject to a child custody order, you cannot change your child’s legal residence unless you have the approval of the court. This applies to parents whether they have joint custody or sole custody. In addition, it applies even if both parents are on board with the relocation.

The court will consider whether the move is in the child’s best interests. In addition, if the move would require a modification of custody, this too would have to be in the child’s best interests.

Courts will also follow the 100-mile rule. This means that if you plan on moving 100 miles away with the child you must seek court approval for doing so. The court will consider whether the child would benefit from the move, the reason behind the move, how parenting time arrangements would change, whether domestic violence is an issue and whether the child’s other parent contests the move.

You may have a good reason for moving away with your child, but you still need to seek court approval for doing so and the move must be in your child’s best interest. While this may place some limits on where you can live, these rules are in place to protect your child’s ability to have an appropriate relationship with each parent.