A promising job offer or relatives in another city can make a move feel unavoidable. When you share custody, though, relocation becomes a legal event rather than a personal choice. Michigan law may require the other parent’s consent or judicial approval before you relocate with your child.
Michigan’s 100-mile rule
Under Michigan Compiled Laws § 722.31, a parent typically cannot relocate a child’s legal residence beyond 100 miles. Courts calculate that distance from the child’s home at the time the custody case started.
Interstate moves typically require approval regardless of distance. Exceptions exist. You may not need permission if the parents already lived more than 100 miles apart. A parent holding sole legal custody may also encounter fewer restrictions.
What a judge may consider
If the other parent withholds written consent, you can file a motion with the court. The judge may evaluate several statutory factors:
- Quality of life: Whether the move could improve life for you and your child.
- Good faith: Whether the move is meant to limit the other parent’s time.
- Parenting time: Whether a new schedule could preserve the child’s bond with both parents.
- Compliance:How well each parent has followed the current order.
- Motives for objecting: Whether opposition is tied to child support concerns.
No single factor decides the case. The judge looks at the child’s best interests as a whole.
Why you should not move first
Relocating before you obtain approval can substantially damage your position. A court could order the child’s return, hold you in contempt or modify custody. Judges may interpret an unauthorized relocation as evidence of poor judgment. Resolving the legal questions before you pack remains the safer course.
Protecting your parenting relationship
Relocation after divorce touches custody, parenting time and your child’s stability. The 100-mile rule, out-of-state limits and the statutory factors all shape whether a move can happen. Knowing these rules helps you plan a move or respond to one without risking your rights.
If your situation becomes contested or complicated, a Michigan family law attorney can help you evaluate your options.