Cases which involve the welfare of a child may be the most difficult to face. Child custody is a challenging situation on its own. Relocation during a child time-sharing agreement often creates further complications.
Relocation Justification
There are many reasons why a custodial parent may need to relocate with a child. It may be due to the health of the parent or another family member. Better employment opportunities or education toward that betterment are also valid. When the move is due to a situation not automatically covered, the burden of proving justification falls to the relocating parent.
There are regulations for relocation; however, no two cases are the same. Several variables impact the situation. It is in the child’s best interest to consult the advice of a legal representative to navigate child custody requirements and compliances.
In addition to the case to case variables, the laws themselves may vary drastically from state to state. It is essential to understand what the relocation requirements are in the state of the child’s residence.
If the noncustodial parent does not agree with the move, the relocating parent must file a motion with the Michigan state courts to request custody order changes. This may result in a hearing. The court must decide what is in the best interest of the in question. The parent may be ordered by the court to remain in the current state of residence.
Court Considerations
- The court may decide in favor of relocation to improve the child’s life.
- The improvement or declination of the relocating parent’s life is also considered.
- The court may decide against a move that disrupts the parent-child relationship.
- Both parents’ past record of compliance with the custody order is reviewed as well.
Custodial Conditions
The relocating parent may need to obtain the approval of the court prior to moving depending on the type of custody he or she was granted. A custody order from Michigan courts may restrict relocation with the child if the parents have been awarded joint custody. This means that the moving parent must obtain the court’s permission by requesting changes to the order.
Parents who have sole custody do not generally need to request approval, but it is better to check with a legal professional to be sure. A relocation under 100 miles may not need to be approved. It is also possible to simply ask for the other parent’s express consent to legally change the child’s residence.
If the parent is relocating with the child to another state, he or she must obtain permission even if the distance is under 100 miles. This is due to the wide variants of Family Laws among states. There are also safety regulations to cover issues such as domestic violence, but court contact and proceedings are still required.
A legal representative can provide guidance through all the conditions and requirements of Michigan custody cases. Brian F. Abramson has more than two decades of experience in Family Law. Contact him today for a free phone consult.
