Do I Need Permission to Move?
Getting divorced is difficult enough, but if a minor child is involved issues of moving and relocation can become incredibly difficult. Knowing when you need permission from the court to move can make a critical difference in your personal and professional life as well as the life of your child. At the Van Den Heuvel Law Office, our expert Michigan family law attorneys are here to answer this and any other legal questions that you may have regarding family moving or relocation. To learn more about your legal options, call or contact our office today for a free consultation of your case.
Check the Parenting Agreement
The first step in figuring out whether you need court permission to move is to check the parenting agreement. This is the document that you and your former spouse signed during the divorce that dictates the rules and procedures regarding the custody and visitation schedule of your child. Some parenting agreements contain provisions regarding whether and at what distance you need permission to move.
The 100-Mile Rule
In Michigan, so long as you do not move further than 100 miles from your child’s legal residence you do not need court permission to move. However, this requires that you do not move across state lines, and it is important to know how the 100 miles is calculated. This distance is driving distance, not radius distance. The driving route taken from your child’s legal residence to your new home must be one hundred miles or less. If it is longer, you will need court permission to move. The court will consider whether the move is in your child’s best interest before allowing the move to take place.
It is also important to note that custody matters. The parenting agreement and 100-mile rule apply to situations in which parents share joint physical or legal custody of their child. In these situations, both parents and the wellbeing of the child must be taken into consideration before a move. However, if a parent has sole custody of the child they are allowed to move anywhere within state lines without needing court approval or approval of the other parent. The only time that a parent with sole custody of a child needs court approval to move is if that parent wishes to relocate out of state with the child. In that situation, the court will once again look at whether that move is in the best interests of the child.
Call or Contact Us Today
Figuring out whether or not you need permission to move from the court can be a complicated situation, but a qualified legal expert can help. If you have further questions about moving after a divorce, the legal experts at the Van Den Heuvel Law Office can provide quality legal advice. Call the office or contact us today to schedule a free appointment to discuss your case and learn more about your legal options for a Michigan move.