Michigan Relocation Lawyer - Kraayeveld Family Law

As life situations evolve, you or your ex-spouse may need to relocate. It could be for educational or career opportunities, wanting to move closer to extended family, or seeking a new residence for personal safety reasons. But if you are subject to a custody order in Michigan, you may need to obtain court approval before moving, whether or not you have primary physical custody of your child.

When you need help obtaining court approval to move or changing child custody after relocating, let the legal team at Kraayeveld Family Law advocate for your and your child’s best interests. For more than 30 years, our law firm has guided clients across the Great Lakes State through the parental relocation process in order to protect their relationship with their child.

Why You Need an Attorney to Handle Your Parental Relocation Matter

Courts prefer maintaining a stable living environment for children who are subject to a custody order. When a parent wants to relocate far away from their current residence, courts will approve that move only if the move has the capacity to benefit both the moving parent and the child, and the court will then also review several other factors. With an experienced advocate from Kraayeveld Family Law on your side, we can present a compelling case to the court in favor of or against a proposed parental relocation.

An attorney from our law firm can help you protect your family’s interests and your relationship with your child by:

Sitting down with you to discuss your needs, concerns, and goals to develop a tailored approach to your situation
Thoroughly reviewing your family’s circumstances to gather evidence in support of or against a proposed relocation
Providing personalized attention and close communication throughout your matter to provide you with the support you need during a period of change for your family
Preparing and submitting court filings in support of your position on parental relocation
Advocating for your and your child’s interests in court to pursue the best outcome for your family

Parental relocation is a serious matter, with much at stake for your relationship with your child(ren). It’s natural to feel immense distress and have crucial questions about what happens next. That’s why we at Kraayeveld Family Law make it a priority to promptly respond to you when you reach out to us. Our law firm’s one-business-day guarantee assures you that we address your concerns quickly.

What Does the Court Consider When Granting a Child Relocation?

Courts consider various factors when evaluating a parent’s request to move out of Michigan over the other parent’s objection. However, these factors focus on whether a move will benefit the child’s best interests rather than any benefits for the parent requesting to move.

Michigan standards for child relocation include:

Whether the move will improve both the moving parent and the child’s quality of life, such as giving the child access to better educational opportunities or allowing the custodial parent to earn a higher income
Whether parents have followed the current custody and parenting time order
Whether the custodial parent has requested to move to limit the other parent’s time with the child
Whether the noncustodial parent can maintain their relationship after the move
Whether the parents have a history of domestic violence

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What Are the Typical Means of Relocation in Michigan Family Law?

A parent may obtain approval for relocation from Michigan after divorce through two methods:

By Agreement

A custodial parent who wishes to move out of Michigan can do so with their child’s other parent’s approval. Both parents can agree to a consent order that modifies the family’s child custody and parenting time arrangement to account for the fact that the parents will live in different states. A court will approve a consent order facilitating a relocation if it determines that the move serves the child’s best interests.

By Order

When the noncustodial parent refuses to agree to an out-of-state relocation, the custodial parent can seek court approval. The court will hold a hearing to hear the parties’ arguments for and against relocation and may approve the request if it finds that relocation will serve the child’s best interests.

How Far Can a Parent Move with a Child in Michigan?

You typically require court approval to move a child’s residency by more than 100 miles within Michigan. Parents must seek court approval for move-aways unless:

The family has a sole physical and legal custody arrangement where one parent has no parenting time with the child
Both parents agree to the move
Both parents lived over 100 miles apart when the court implemented the current custody arrangement, and the moving parent will stay in Michigan
The relocating parent proposes to move closer to their child’s other parent’s residence

What Happens if a Parent Wants to Move Out of State with a Child?

Under Michigan law, a child’s domicile or legal residence cannot be changed from Michigan without court approval, even when a custodial parent has sole physical and legal custody or when the child’s other parent agrees to the move. Custodial parents must obtain court approval to move out of Michigan with their child, even if moving just a few miles across the state border.

When evaluating a parent’s request to move out of Michigan with a child subject to a custody order, the court will consider whether the move will serve the child’s best interests. Determining a child’s best interests requires examining factors such as:

The nature and quality of the relationship between the child and their parents
The ability of each parent to provide affection, guidance, and parental support
The ability of each parent to provide the child with food, clothing, medical care, or other material needs
The length of time that the child has lived in an appropriate, stable environment and the desirability of allowing the child to remain in that environment
The permanence of the existing or proposed custodial home
The parents’ moral fitness, including whether parents have a history of domestic violence, drug and alcohol abuse, or infidelity that the child knows about
The parents’ mental and physical health
The child’s educational environment and community ties
The willingness and ability of each parent to facilitate a close parent-child relationship between their child and their other parent
The child’s preferences, if the child has the maturity to express a reasoned preference

What if I Don’t Consent to the Relocation?

Suppose you refuse to consent to your ex relocating with your child over 100 miles away or out of Michigan. In that case, the court must hold a hearing where you and your former spouse can present evidence and arguments supporting your respective positions. Your ex-spouse can provide reasons why relocation will benefit your child’s best interests, while you will have the opportunity to argue why a move will harm them, such as limiting your ability to maintain a strong relationship with your child.

What if Relocation Is Necessary Because of a Job Offer?

Many custodial parents seek to relocate with their children after receiving new employment offers. Although relocating for a job offer can benefit the parent, courts will consider if the move benefits a parent to the extent that the move has the capacity to benefit both the parent and the child. For example, a court may approve a parent’s relocation request when a job offer substantially increases the parent’s income. This means the parent can provide more significant financial support to their child, whether as a custodial parent or through child support payments.

What if the Parent Needs to Move Due to Domestic Violence?

Michigan provides an exception to the rule requiring court approval before moving with a child in circumstances when a custodial parent faces the threat of domestic violence. A parent can move as far away as needed to reach a safe location without the court’s approval.

However, a parent who moves due to domestic violence must inform the court of their new address and seek the court’s permission to remain at that new residence. The court will consider the usual relocation factors to determine whether the parent has moved to an acceptable residence with the child. The court will keep the parent’s new residence confidential to prevent their abuser from locating them.