When can a parent in Ingham County, MI move their child to a new residence if the other parent has custody/visitation rights?
If your child’s other parent was awarded limited custody/visitation rights but you need to move your son or daughter to a new residence in Michigan, you may be able to do so if one of the following criteria are met:
- The other parent has agreed to allow you to move the child to a new home.
- Your and your child’s other parent were already living 100 miles apart at the time custody was decided upon by a judge.
- The move would result in the child’s residence being closer to their other parent than it was before.
When any one of these conditions is met, a parent is not required to obtain approval from a judge prior to moving their child. A parent who has been awarded sole custody also does not need to obtain approval from their child’s other parent or a judge before moving him/her to a new residence.
Now, there are exceptions to when a parent can move their child to a new residence. The two exceptions are as follows:
- “The first is that each court order granting custody must provide that a parent who has custody of a child may not change the child’s permanent residence from the state of Michigan until the judge approves of the move.”
- “The second is that each court order granting custody or parenting time must provide that parents who have custody or parenting time may not move more than 100 miles from their current residence without the approval of the judge.”
What if I want to move my child out of the State of Michigan?
If you wish to move your child outside the State of Michigan, you will need to obtain approval from a judge before doing so. The Michigan Friend of the Court says that you must also obtain authorization from a judge to move your child outside of the state even if your new residence is going to be closer than 100 miles to their other parent’s residence. If you need help submitting a request to a judge so that you can move your child to a new home, Ingham County, Michigan child custody attorney Stuart R. Shafer is available to help you with this.
What does a parent need to do in order to obtain authorization from a Michigan judge to move their child to a new residence?
A parent can obtain authorization from a judge in one of two ways. A parent can either ask their child’s other parent to agree to the move and present this to the judge or they can “ask the judge to enter an order approving the move.” Not only can Ingham County, Michigan child custody lawyer Stuart R. Shafer help you submit a request if you want to move your child to a new state, but also if the move is within the State of Michigan.
What happens if my child’s other parent doesn’t agree to the move?
You would need to file a formal request, called a motion, asking the judge to approve the move.” In the motion, you will want to include why you feel as though the judge should approve the move (i.e. you got a new job, want to be closer to family, etc.).
After you file your motion, the judge may either “ask the friend of the court to evaluate the request and make a recommendation” or “hold a hearing where both parents can tell the judge what they think the judge should do.” The judge will then need to decide the following:
- “Whether the legal residence change has the capacity to improve the quality of life for both the child and the relocating parent.”
- “The degree to which each parent has complied with, and utilized court order parenting time with the child, and whether the parent’s plan to change the child’s legal residence is inspired by that parent’s desire to defeat or frustrate the parenting time schedule.”
- “The degree to which the judge is satisfied that, if permitting the legal residence change, if it is possible to order a modification of the parenting time schedule and other arrangements governing the child’s relationship between the child and each parent, and whether each parent is likely to comply with the modification.”
- “The extent to which the parent opposing the legal residence change is motivated by a desire to secure a financial advantage with respect to a support obligation.”
Important: If your child’s other parent has threatened to stop paying child support or already has as a form of retaliation for you wanting to move your child, a child support lawyer in Ingham County, MI can work on your behalf to ensure you continue receiving the support your child needs.
Do I need to hire a child custody law firm in Ingham County, MI if I want to obtain sole custody of my child so I can move him/her?
It would be in your best interest to retain a lawyer if you don’t yet have sole custody but are looking to obtain it so that the move is easier on your son or daughter. Ingham County, Michigan child support attorney Stuart R. Shafer will not only aide you in obtaining sole custody of your child but also assist you with filing the necessary documents with the court so that you are provided with child support as well.
Now, if you are ready to begin receiving the legal assistance you need so that you can move your child to a new residence, contact our office today.
You can reach the Law Offices of Stuart R. Shafer, P.C., an Ingham County, MI child support law firm at:
1223 Turner Street, #333
Lansing, MI 48906