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February

Can I Relocate My Kids Out of State During Divorce Proceedings?

By Iafrate & Salassa

Two siblings lying under blanket for the best representation turn to Birmingham Family Law Lawyers.

It is not uncommon for people to get a divorce and then shortly afterward want to move out of the state. Michigan regularly has one of the highest jobless rates in the country and so, people may want to move to find new employment. Many times, people simply want to move to another state to be closer to family after divorce. 

Whatever the reason, it is essential that all parents know they cannot move out of state with their child during or after the divorce process without the permission of the court. The type of child custody awarded during the divorce process will determine whether a parent can move out of state with their child. As such, it is important to wait until the process is over before making any plans to move.

The “100 Mile” Rule in Michigan

When parents share joint custody, one parent must have the permission of their former spouse before they can move 100 miles or more away. The courts will use the distance between the different residences of the parents at the time child custody proceedings were finalized when determining if a parent moved more than 100 miles away. Mileage is also the only factor considered when determining the 100 miles, and not the direct radius or distance.

There are some exceptions to the 100-mile rule in Michigan, but they do not apply to parents that want to move out of state. If one parent has sold child custody, they can move wherever they want to but they must remain within Michigan. Additionally, if one parent lived more than 100 miles away from the other parent at the time child custody or divorce proceedings commenced, they also do not have to obtain the permission of the court to move further away. Still, these individuals must remain in the state.

The Law on Relocating Out of State

The only way to move out of state with a child after divorce is to obtain the permission of the court, or of the other parent. Even when a person lives close to the state line and they only wish to move a few miles away, they must still get the permission of the court or of the other parent. Parents that have sole legal custody must also obtain the permission of the other parent, or the court, before moving out of state with the child. However, due to the nature of this custody arrangement, parents with sole custody are much more likely to receive the court’s permission than a parent that had joint custody.

Our Child Custody Lawyers in Michigan Will Give You the Best Chance of Success

If you are going through a divorce or child custody hearings and wish to move out of the state, our Michigan child custody lawyers at Iafrate & Salassa, P.C. are here to help with your case. Call us today or contact us online to schedule a free consultation and to learn more about how we can help.

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