Can I Move My Kids out of the State of Michigan After My Divorce?

By Andrine Redsteer

If you plan to be your children's custodial parent after your divorce, you may be able to move them to another state, provided your ex-spouse agrees. If you and your ex-spouse cannot come to an agreement, you must obtain a judge's approval. When deciding whether to approve a parent's request to move out-of-state with their children, the judge will look to a variety of factors including whether your children's quality of life will improve.

If you plan to be your children's custodial parent after your divorce, you may be able to move them to another state, provided your ex-spouse agrees. If you and your ex-spouse cannot come to an agreement, you must obtain a judge's approval. When deciding whether to approve a parent's request to move out-of-state with their children, the judge will look to a variety of factors including whether your children's quality of life will improve.

Both Parents Agree

If your ex-spouse is not resistant to an out-of-state move, you may submit a consent order to your family court detailing you and your children's new address and whether the move will require changes in parenting time. Michigan family courts have "friends of the court" who work with parents regarding custody. A friend of the court can prepare your order if you do not have an attorney. If the judge believes the move is in your children's best interests, he will sign the consent order and it will become a court order.

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No Agreement

If you and your ex-spouse cannot agree to an out-of-state move, you must file a motion in family court requesting a judge approve your move. The motion may include an explanation as to why you believe the judge should approve. For example, if you need to move out-of-state for a job or to attend college, your motion may detail these reasons. The judge may also consider the recommendation of a friend of the court and you may need to attend a hearing. After your hearing, the judge will make a decision based on certain factors.

Parental Relationship and Best Interests

If your ex-spouse does not consent to your out-of-state move and you've filed a motion requesting approval from the court, a judge will consider whether your children will maintain a healthy relationship with your ex-spouse once you relocate. In Michigan, judges also look to whether an out-of-state move is motivated by a desire to frustrate or disrupt a parenting schedule or relationship. Moreover, the judge will consider whether the move is in the best interests of your children.

Other Factors

The judge may consider additional factors, such as whether your ex-spouse's refusal is due to a desire to pay less child support. For example, your ex-spouse may oppose your move because he hopes to obtain a decrease in his support obligation. The judge will also consider whether you or your children are victims of domestic violence.

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Child Custody & Relocation Rights in Tennessee

References

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Michigan Child Custody Laws & Moving Restrictions

Relocation plans often result in conflict between divorced parents if one parent wants to move away with the children. As part of a parental relocation, known as a change of residence in Michigan, a parent may need to obtain court approval before moving. In some cases, the other parent may ask the court to restrict the move. However, some moves do not require court approval.

Basic Child Visitation Rights in Florida Laws

During the divorce, the court will allocate custody and visitation rights between you and your spouse. However, Florida no longer uses those terms. Instead, it describes the time parents spend with their children as time-sharing. For unmarried parents, these rights can be established by opening a custody case.

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Because child custody disputes can be contentious and stressful, family courts encourage parents to settle their disputes on their own. This not only shields the child from the stress of a custody fight, but it also allows the parents the autonomy to work out a custody plan that works with both parents' schedules and the child's needs. When one parent refuses to sign a proposed parenting plan or settle a custody dispute, however, you will need to use the court system to resolve your custody issues.

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