Michigan divorces and child custody cases involve complex legal and logistical challenges, including how much time the child will spend with each parent. If you’re considering moving with joint custody, doing so could significantly affect custody issues.
If you want to move to another state or relocate more than 100 miles away within Michigan, you must show the court that the move is in the child’s best interests, that the move is not based on your desire to defeat or frustrate the parenting time schedule, that the child’s relationship with both parents can be maintained after the move, and other factors.
Child’s Best Interest: The Deciding Factor
The critical factor Michigan judges must consider in all custody decisions is the child’s best interest. If you want to keep custody of your child when you move, you must convince the judge that the move will benefit your child. For example, maybe you’re hoping to move to an area with better schools or for a higher-paying job that will help you better meet your child’s needs. Whatever your reason, you must provide evidence to support your case before a judge will allow your relocation request.
Joint Custody Complications and Relocation
Relocating with your child when you have a joint legal custody agreement with your spouse raises additional legal questions. Michigan law requires you to petition the court if you want to move more than 100 miles from where you lived when the courts granted you joint custody.
Some factors judges must consider before approving a parent’s relocation to another state or more than 100 miles include:
- Whether the relocation will improve your and the child’s life
- Whether you and your ex-spouse have complied with the child custody order
- Whether the relocation will still allow for the non-relocating parent to have parenting time to maintain their relationship with the child
- Any history of domestic violence, regardless of whether the child was the target or simply witnessed the act
Common Reasons Courts Deny Relocation Requests
There are several common reasons why courts deny relocation requests. One reason you might receive a relocation denial in family court is if the court believes moving would be too disruptive for the child. A long-distance move could severely impact your child’s education, friendships, and ability to spend time with the other parent. If the court believes the harm from the move will outweigh the likely benefits, it will deny your request.
The child’s other parent might also object to the move, which could hurt your chances in court. If the other parent argues you’re moving specifically to deprive them of time with the child, you’ll have a more challenging time convincing the court.
The court may deny your relocation petition due to a lack of evidence. The court is less likely to approve your petition if you don’t have concrete proof of how the relocation will benefit your child.
How to Build a Strong Case for Relocation
Working with an experienced child custody lawyer from Kraayeveld Family Law is the best step you can take to win court approval for your relocation request. Our law firm can gather evidence to support your case, such as how a new job could improve your finances, the better schools your child could attend in the new location, and how the move could give the child a stronger support system. Our Michigan child custody attorneys can also help you with the court paperwork, develop strategies to counter objections from the child’s other parent, and represent you in any required court hearings.
Kraayeveld Family Law in Grand Rapids is ready to help you seek approval for a relocation so you and your child can have the life you both deserve. Call us today at 616-383-2679 or reach out online to schedule a personalized consultation with an experienced family law attorney.
