Michigan Interstate Child Custody
After a Michigan divorce is finalized, one question often arises: Can the custodial parent move out of the state with the children? In the state of Michigan, the answer depends on a number of factors. Generally, the parent would need the other parent’s consent or a court’s permission, and even after the move, that same court could continue to decide important custody issues in your case.
Interstate child custody matters can be complex. To make sure your rights and interests as a parent are fully protected, turn to the experienced child custody lawyers at The Stroble Law Firm P.C. We have represe Based in Bloomfield Hills, The Stroble Law Firm represents clients across Michigan, including Macomb County, Oakland County, Warren, Clinton Township, Sterling Heights, St. Clair Shores, Mount Clemens, Utica, Roseville, Troy, Farmington Hills, Waterford, Southfield, Pontiac, Birmingham Michigan, Rochester Hills, West Bloomfield and Bloomfield Hills. Call The Stroble Law Firm at (888) 454-0801, or contact us online.
Can The Parent Move?
In Michigan, the relocation of a child is governed by what’s called the “100-mile rule.” When a child’s custody is governed by court order, the custodial parent cannot move the child’s residence by more than 100 miles without first obtaining the other parent’s consent or the permission from the court that issued the original custody order.
So, if the non-custodial parent objects to the move to a new state (assuming it’s more than 100 miles away from the child’s previous residence), a hearing would need to take place before a Circuit Court judge. Before giving approval, the court would look at four factors:
- Will the move improve the quality of life for both the child and parent? The court will want to know whether the move is intended to improve the family’s situation, such as a move for work or educational reasons.
- What is the motivation for the move? In other words, is the move solely intended to frustrate the non-custodial parent’s visitation schedule with the child? The court may want to know if there has been a history of cooperation between the parents when it comes to parenting time.
- What is the motivation for opposing the move? Is the non-custodial parent opposing the move solely for the purpose of gaining a more lenient child-support obligation in exchange for consenting to the move? Keep in mind that the non-custodial parent will continue to have child support obligations, regardless of the move.
- Will the non-custodial parent realistically be able to continue with visitation? If the move will cut parenting time for the non-custodial parent, a court will frown upon the move. In lieu of reducing weekly visitation, however, the custodial parent could offer to allow more parenting time during weekends, holidays or summer vacation.
However, if the parent has sole legal custody of the child, the parent would simply need the court’s approval and would not have to go through these four factors.
Even after the court grants approval of the move, the court would still need to decide whether the move would be in the child’s best interest. In making this determination, the court would go through the same factors it used to make the initial child custody determination.
A Michigan court will take the ramifications of a child’s relocation seriously. A child should be in a situation that fosters a positive, ongoing relationship with both parents, and any move that disrupts that parent-child relationship will be frowned upon. By that same token, the court may realize that the move is necessary for the custodial parent to continue to raise the child.
Who Has Jurisdiction?
Even after the relocation to another state, the Michigan court will continue to have jurisdiction over custody issues. Michigan has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Under this law, the court that makes the initial custody determination has “exclusive continuing jurisdiction” unless neither the child nor at least one parent has a significant connection with the state.
So, if the custodial parent and child move out of the state, the Michigan court will continue to decide custody matters if at least the non-custodial parent still resides in Michigan. No other state court may modify a child custody order unless the Michigan court gives permission. In other words, the Michigan court has a “right of first refusal.”
However, in some cases, a court may invoke what’s called “emergency jurisdiction.” Under the UCCJEA, this occurs when a court needs to assume jurisdiction to protect the child from mistreatment or abuse. Any order issued in these circumstances is temporary until an order is issued by the state with original jurisdiction.
Home State Jurisdiction
Sometimes, an interstate child custody issue can arise before a court makes an initial custody determination. For example, this may happen when a parent with temporary custody of a child moves out of state while a final divorce decree is pending.
Under the UCCJEA, only a court in the “home state” of the child can make this initial ruling. A home state is defined as the state where the child lives with a parent (or someone acting as a parent) for at least six consecutive months immediately before the proceeding.
- More information: Child Custody, Michigan Divorce
Contact Us
Circumstances can arise when it may be necessary for a divorced parent to move out of state. An experienced Michigan child custody lawyer at The Stroble Law Firm P.C. can properly advise you on the legal ramifications of the move and ensure that the relationship between you and your child is protected.
Call The Stroble Law Firm at (888) 454-0801, or contact us online.
