Michigan Parental Relocation Lawyer

Preserving & Defending Parental Rights In Move-Away Cases

Parents commonly relocate after entry of a judgment of divorce or an order establishing custody. This is often an emotional and combative time between the involved parties and raises the issues of whether the parent is allowed to move away and whether custody and parenting time arrangements should be modified.

The Law Office of Julian J. Poota, PLLC understands both the law and the sensitive realities of these contentious situations. At our office, we represent parents on both sides of the custody relocation, in contested proceedings and in negotiations, providing candid counsel and zealous representation.

Can The Parent Move Out Of Town Or Out Of State?

Under Michigan law, the parent of a child in a joint custody arrangement is prohibited from moving more than 100 miles away from the child’s legal residence at the time of the filing of the action in which the custody order was issued unless the change is made in accordance with a provision in the custody order, the other parent agrees to the change, the child’s legal residences were initially more than 100 miles apart, the change would bring them closer, or the court permits the change of residence.

Further, regardless of a sole or joint custody arrangement, the residence of the child may not be moved from the state of Michigan without the approval of the judge who awarded custody or the judge’s successor.

Altering Custody And Parenting Plans

In Michigan, when considering a petition for relocation, the court is to consider each of the following factors, with the child as the primary focus in the court's deliberations:

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 his or her time under, a court order governing 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 court is satisfied that, if the court permits the legal residence change, it is possible to order a modification of the parenting time schedule and other arrangements governing the child's schedule in a manner that can provide an adequate basis for preserving and fostering the parental 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.
Domestic violence, regardless of whether the violence was directed against or witnessed by the child.

Zealous Representation In Relocation Disputes

Ideally, parents should resolve the relocation details amicably in the best interest of the child. However, a courtroom battle is sometimes necessary. At the Law Office of Julian J. Poota, PLLC, we are committed to zealously advocating your parental rights and protecting your child's well-being in the most thoughtful, sensitive manner under the circumstances.

To speak with a family law attorney about your parental relocation situation, please contact us by calling 888-399-7979.