If the parent of a child subject to a shared custody order wishes to move, specific Michigan laws govern the parent’s ability to relocate. Michigan family law Henry Bergmans understands the intricacies of child relocation law. He can explain your rights and options concerning relocation and changing a child’s residence.

The 100-Mile Limit Provision

In Michigan, it is presumed that a child's interests are best served by having strong relationships with both parents. That is one of the primary reasons that a court often awards joint custody following the end of a marriage or separation.

When parents share custody under a court order, Michigan law states that one parent may not relocate with a child by more than 100 miles without first seeking the approval of the other parent. If the other parent refuses to give consent, the parent wishing to relocate may request permission from the court to change the child’s residence. A parent must always get the court's permission before moving outside of Michigan with a child subject to a shared custody order, regardless of whether the move is more than 100 miles or not.

A court considers many factors when deciding whether to permit a parent to relocate a child, including:

• Whether the move has the potential to improve the child's and relocating parent’s quality of life
• Whether the relocating parent is attempting to relocate out of a desire to disrupt the existing parenting time schedule, and the degree each parent has complied with the current parenting time arrangement
• Whether, if the relocation is allowed, it is possible to establish a new parenting plan schedule that will preserve the relationships between the child and both parents
• Whether the parent opposing the move is doing so as a way to negotiate a lower child support obligation
• Whether the child is the victim of or witnessed domestic abuse

If a proposed move will alter the existing custodial environment with the non-relocating parent, the court will determine whether the move is in the best interests of the child.

Schedule a Free Consultation with Henry Bergmans

If you are facing legal issues concerning relocation of a child subject to a shared custody order, you may schedule a free consultation to talk with Henry Bergmans about your situation by calling (810) 360-0900 or by using the online contact form. Based in Howell, Bergmans Law, P.C. serves clients in Livingston County, Genesee County, Ingham County, and Washtenaw County, and in the surrounding areas.