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Move With Child Out of Michigan — and Out of State Parenting Plans

Michigan laws about moving out of state with a child are frequently litigated. Parents often who want to know if they can move out of the state with their child.

  • Michigan child custody laws can prevent you from moving out of state with your child during a case or after the entry of a divorce or custody judgment.
    • MCR 3.211 requires every custody order must contain a provision that prohibits changing the domicile of the child from the state of Michigan without permission of the court.
  • Michigan child custody laws may also restrict your moving your children within the state of Michigan during a case or after a the entry of divorce or custody judgment.
    • MCL § 722.311 requires that every custody order must contain a provision that prevents you from moving with the minor children more than 100 miles away from the other parent.

Sometimes, one parent moves out of state for a job, while the children remain in Michigan with the other parent.  The parent moving out of state for a job wants to know what kind of parenting time they can have.

Can I move out of Michigan with my Child

  • There are specific statutes in Michigan that require every final order or judgment with minor children to state that:
    • You must petition the Court if you wish to change move with your children from the state of Michigan. 
    • MCL § 722.31 – If the parents both have joint custody, and one of them wishes to move more than 100 miles away from the other parent, they must either have the agreement with the other party or have the Court decide.
    • In certain circumstances, if a move of a distance less than 100 miles impacts custody or parenting time, the Court may prohibit a that move as well.
    • If both parents agree to the move and the parenting time, the Court will generally approve order so long as it is in the best interest of the minor child.
    • You can file a motion with the Court asking to move outside of these geographic limitations.

parenting time if I live out of state

Parenting time with your kids when you live out of state is a difficult issue and every case is unique.
  • If you live in Northern Ohio, your visitation may be very similar to a “reasonable and liberal” parenting time schedule of every other weekend, half the school holidays and two or three weeks in the summer. 
  • If you live in California, your parenting time may be most of the summer and half the school holidays, while the parent remaining in Michigan has the school year.

Depending on where you live, your parenting time could be anywhere in between those two examples.

  • When discussing the parenting time with the parent remaining in Michigan or the parent moving out of state, be as specific as possible with respect to the parenting time so that the order can be enforced. 
  • A general order, with no specifics (which weekend, which weeks in the summer, etc.) is difficult for the courts and local law enforcement to enforce.

Out of State Parenting Plan Examples

Examples of Michigan out of state parenting plans can be found at:

Video Contact or Phone Contact

Other things to consider is scheduled phone contact, and scheduled video conferencing.
  • Today it is easy to set up a way to have video calls with your child.
  • Skype, Facetime, Amazon Echo Show are all good ways to see each other face to face when you are don’t live close.
  • You can have an order that has specific times for your phone or video calls, or you can have an order that allows for reasonable contact.

Transportation

  • Who will do the actual transportation driving like driving or flying with the child? 
  • Will the children be allowed to fly unaccompanied minor? 
  • Will both parents pay for the cost of the transportation (gas for car, or flight cost)? 
    • There are no specific rules for parenting time Transportation costs.
  • If you cannot agree about Transportation costs issues can:
    • mediate the issue
    • have a hearing with the friend of the court referee, or
    • have a hearing with the judge.

How does a Court evaluate an out of state move

In order to win at Court on a change of domicile case in Michigan, you must prove that:

  • The move has the capacity to improve the quality of life for both the custodial parent and the child;
  • The move is inspired by the custodial parent’s desire to defeat or frustrate visitation by the noncustodial parent and whether the custodial parent is likely to comply with the substitute visitation orders where he or she is no longer subject to the jurisdiction of the courts of this state;
  • To the extent to which the noncustodial parent, in resisting the move, is motivated by the desire to secure a financial advantage in respect of a continuing support obligation; and
  • The degree to which the court is satisfied that there will be a realistic opportunity for visitation in lieu of the weekly pattern, which can provide an adequate basis for preserving and fostering the parental relationship with the noncustodial parent if removal is allowed.

Going to Court on a move of more than 100 miles

There are five factors pursuant to MCL § 722.31(4) that the court must consider when ruling on a motion to move beyond the 100-mile limit:

  • 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.

UCCJEA

Determining what state has jurisdiction in your custody matter, and enforcing a custody order from another state, is regulated by the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA).  See our UCCJEA page for more information.

LET US HELP YOU

The information contained on this page is not intended to be legal advice, and is only a brief overview of parenting time law in Michigan provided by Michigan visitation lawyer. If you have any questions for a Michigan parenting time lawyer about your Michigan parenting time matter, contact us today. Ellen Paynter, an experienced Michigan parenting time lawyer will discuss your issue and will provide you with information to protect you and your children for years to come.