Clinton Township Relocation Attorneys

When life changes, sometimes your location does too. Whether needing to move for a new job, an educational opportunity, or being closer to family, relocation can seem like your only option. This process can become far more complicated when you share custody of a child, however. In Michigan, you cannot simply move with your child without considering the other parent’s rights and the specific legal requirements governing your move. Understanding these rules is crucial to protecting your relationship with your child.

At Iafrate & Salassa, P.C., our family law attorneys provide the clear guidance and compassionate support you need to navigate child relocation cases. We help you understand your rights and obligations under Michigan law, whether you are seeking to move or opposing a relocation. Our primary focus is to find a solution that prioritizes your child’s well-being and preserves important family relationships.

Michigan’s 100-Mile Rule

Under Michigan law (MCL 722.31), a parent with joint legal custody cannot, without approval, move a child’s legal residence more than 100 miles from where it was at the time the first custody order was issued. The law also prohibits moving a child out of the state of Michigan without permission.

However, there are exceptions to this rule. You may move more than 100 miles or out of state if:

• The other parent consents to the move.
• The move brings the parents closer to each other.
• The parents already lived more than 100 miles apart when the custody order was issued.
• One parent has sole legal custody, though moving may still require court approval depending on the specifics of your custody order.

If the other parent disagrees, your move is more than 100 miles, and you share custody, a court will have to evaluate your relocation request.

How Courts Decide on Relocation Requests

When parents cannot agree on a move, the parent wanting to relocate must file a motion with the court. The judge will then decide whether to grant the request based on what is in the child’s best interests. According to the statute, the court must evaluate five specific factors:

1. Whether the move will improve the quality of life for both the child and the relocating parent.
2. How well each parent has complied with parenting time orders.
3. Whether it is possible to create a realistic and reasonable parenting time schedule that can preserve the relationship between the child and the parent who is not relocating.
4. The extent to which the parent opposing the move is motivated by a desire to gain a financial advantage regarding child support.
5. Whether there has been any domestic violence involved.

Based on its evaluations, the court will then issue a decision for the relocation.

Providing Legal Guidance and Support

In difficult relocation cases, parents need careful legal strategy and a deep understanding of what courts prioritize. The attorneys at Iafrate & Salassa, P.C. can provide the guidance you need to protect your parental rights. We can help you:

• Understand if the 100-mile rule applies to your situation.
• Reach an agreement by negotiating with the other parent, where possible.
• Prepare and file a motion to request or contest a relocation.
• Gather the evidence needed to build a strong case.
• Advocate for your child’s well-being and your rights in court.

We understand that these can be difficult circumstances, and our team is here to help you through them with clarity and understanding.

Consult With a Clinton Township Relocation Attorney and Start Moving Forward

If you are considering a move with your child or need to respond to a relocation request, do not wait to seek legal advice. Contact our firm today to schedule a confidential consultation. We can provide the clarity and support you need to move forward with confidence.