The attorneys at Spindler, Nausieda & Associates represent clients in child custody relocation matters. If you are a parent looking to move with your child, or if the other parent is looking to move and you are worried about missing out on time with your child, contact us.
Can a Parent Move With a Child?
In this sometimes faltering economy, parents are sometimes forced to move to a new town or even a new state. Oftentimes this means moving away from the other parent. Michigan law forbids a custodial parent from moving more than 100 miles or to another state (even if less than 100 miles) without prior court approval. The court will always consider whether the move is in the best interests of your children. This is called a change of domicile action.
Moving With a Child: What the Court Considers
The court will consider the following factors/guidelines in determining what is in the best interests of the minor child(ren) to physically move beyond 100 miles or to another state (change in domicile). The four factors listed below are considered, evaluated and determined by the court:
- Whether the prospective move has the capacity to improve the quality of life for both the custodial parent and the child;
- Whether the move is inspired by the custodial parent's desire to defeat or frustrate visitation by the noncustodial parent and whether the custodial parent is likely to comply with the substitute visitation orders where he or she is no longer subject to the jurisdiction of the courts of this state;
- The extent to which the noncustodial parent, in resisting the move, is motivated by the desire to secure a financial advantage in respect of a continuing support obligation;
- The degree to which the court is satisfied that there will be a realistic opportunity for visitation in lieu of the weekly pattern, which can provide an adequate basis for preserving and fostering the parental relationship with the noncustodial parent if removal is allowed.
In our most recent cases, our team has helped parents facing tough decisions about moving to another state or even another country. Judges are finding these cases difficult also. Preparing your case when looking at these factors ahead of time is vital to success. Many of our cases have involved one parent moving into Canada, which also poses new legal challenges. Our team enjoys the work in this area of law.
Contact a Howell Attorney for Child Custody Relocation
Contact a divorce and child custody lawyer to discuss change in domicile factors.