Living in a small town in West Michigan has many benefits. The Whitehall area is a beautiful community. However, those who have experienced a difficult time while living in the area may start thinking about relocating eventually. They may hope to take their children with them when they relocate. A parent who has divorced might leading start thinking about moving back to Wisconsin where their parents live or accepting a new job offer on the other side of the state. If they share custody after the divorce, their decision to move could have major consequences for their children and their co-parent.
A relocation could change the family dynamics permanently. Can one parent relocate with their children when subject to a custody order in Michigan?
Long-distance moves require approval
Some relocations are relatively minor. Moving from Whitehall to Muskegon, for example, is unlikely to substantially interfere with the other parent’s access to the children. However, moving to Detroit might limit custody exchanges significantly.
Under Michigan state statutes, any relocation that is 100 miles or greater requires pre-approval if the children travel with the parent. The parent proposing the move has to provide formal written notice to the other parent and the family courts.
Occasionally, co-parents can reach an amicable agreement when a long-distance move is necessary. One parent might accept more time with the children over the summer and other breaks from school in exchange for agreeing to the relocation.
If the parents can’t come to terms on their own, then they need to take the issue in front of a family law judge. In a contested relocation case, a judge considers numerous factors and makes a decision based on what they think might be best for the children. If there is evidence that one parent wants to move to negatively impact the relationship the other has with the children, a judge might decline to permit the move.
Presenting the situation to a judge in an appropriate manner can make all the difference for someone who is fighting a potential relocation or trying to see approval from the court for a custody modification. Those who understand the rules in a Michigan custody case can assert themselves more effectively during a dispute about parenting.