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A final divorce settlement or decree should take into account as many potential issues as possible, but as life progresses and circumstances change, the terms of the settlement may need to be amended for a variety of reasons. One common reason for such modifications is a change of domicile, which is a legal way of saying relocation, and it can become a contentious legal issue when child custody is involved. It is a serious topic and one that should be discussed with a knowledgeable Michigan family law attorney. If you’re dealing with child custody modifications in Sterling Heights or the surrounding communities, you need an attorney with experience and a proven history of handling changes of domicile, custody modifications, parenting time agreements, and other related matters.
The attorneys at Iafrate & Salassa, P.C., have years of experience handling custody modifications, including complex change of domicile matters involving interstate relocations. Learn how their deduction and knowledge can help you too.
If one parent wants to move out of Michigan with the children, he or she must get permission from the court first. The court will need to approve the move; however, serious legal issues can come up even if the court does approve the move. If parents have joint legal custody, one parent cannot move the child’s primary residence more than 100 miles from the approved legal residence without permission of the courts.
When deciding on a modification for couples with joint legal custody, Michigan courts will consider five different factors in their decision process. The questions they will consider include:
If you are the parent who is staying behind, you may have a lot of questions about whether your ex can legally move out of state and how to prevent him or her from taking your child. You may already be subject to an approved change of domicile modification order and wondering how you can get your child back to Michigan.
At Iafrate & Salassa, P.C., we can help either parent, no matter whether you are the one seeking the custody modification or are trying to keep your ex from moving out of state with your children. Contact our office to schedule a consultation and let our skilled attorneys help resolve your current legal needs.