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Common Questions about What You Can Do If Your Child's Other Parent Wants to Move

These are common questions about what you can do if your child's other parent wants to move.

Questions about the Court Process for Getting Permission to Move

How do I tell the judge I oppose the other parent’s move?

If the other parent files a Motion Regarding Change of Domicile/Legal Residence, you can file a response. You can use the Do-It-Yourself Response to Motion to Change Domicile/Residence tool to prepare your response. It is also important to attend the hearing. To learn more, go to the My Child's Other Parent Wants to Move toolkit.

How does the judge decide whether to allow the other parent to move?

This depends on where the other parent wants to move (within Michigan or outside Michigan) and what kind of custody you have.

If you have joint legal custody and the other parent wants to move (within Michigan) more than 100 miles from where the child lived at the start of your family court case, the judge will consider whether:

  • The move will improve the other parent’s and your child’s quality of life;
  • Each parent has followed the parenting time provisions of the court order;
  • The other parent is using the move to limit your parenting time;
  • New parenting time arrangements will allow you and your child to maintain a similar relationship;
  • You are fighting against the move just to pay less child support;
  • The other parent is moving to escape domestic violence.

If the judge decides that the proposed move would cause a change in custody, the judge will also consider the best interests of the child before deciding whether to allow the move.

To learn how the judge decides whether to allow a parent to move outside Michigan, read Responding to a Motion to Change Domicile.

What is the “100-mile” rule?

The 100-mile rule is part of Michigan’s Child Custody Act. The 100-mile rule applies once a custody or parenting time order is entered in a family law case. In general, the rule says a parent must get the judge’s permission to move the child’s residence more than 100 miles from where the child lived at the start of the family law case. There are some exceptions. Some custody orders specifically say the 100-mile rule doesn’t apply, so see what your order says. Note that if a parent wants to move out of state, they must get the judge's permission even if the move would be less than 100 miles.

The 100-mile rule requires the judge to consider certain factors when deciding whether to allow the move. To learn more, read Moving with Children after Separation or Divorce or Responding to a Motion to Change Domicile.

Are the “best interests of the child” factors considered when a parent moves?

Sometimes. If a parent’s move requires a big change in parenting time, the judge might decide the move would cause a change in custody. If so, the judge will decide if the move and the custody change are in the child’s best interests.

For a best interests decision, the judge considers the best interests of the child factors. The relocating parent must show the move and the change in custody are in the child's best interests by clear and convincing evidence. To learn about the best interests factors, read The “Best Interests of the Child” Factors.

Does my child’s other parent need the judge’s permission to move after there is a custody order for my child?

After there is a custody order, your child can’t be moved out of Michigan without the judge’s permission. A parent also needs the judge’s permission to move within Michigan if the move is more than 100 miles from where the child lived at the start of the family law case, unless:

  • The moving parent has sole legal custody;

  • You agree to the move;

  • You and the other parent already live more than 100 miles apart; or

  • The proposed move would bring your homes closer together.

The parent who wants to move the child’s residence must ask the judge’s permission before moving. This is true unless a parent needs to move to a safe place to get away from domestic violence. If that happens, the moving parent must get the judge’s permission for the move, but it can be done after moving.

Does my child’s other parent need the judge’s permission to move if there is no custody order for my child yet?

No. If there is no custody order and you are worried the other parent may be planning to move, consider talking to a lawyer. You may want to get a custody and parenting time order so your ability to see your child doesn’t change. Your family law case may be more complicated if your child is moved from Michigan before it is finished.

What is mediation?

Domestic relations mediation is a process that the court can use to help resolve contested issues in a family law case. The mediator is a neutral person who helps you and the other party work out an agreement in your case. You could be referred to mediation if you agree to it or if the judge orders it. You and the other party will pay the mediator a fee.

Some cases are not appropriate for mediation. Your case might be excused from mediation for any of the following reasons:

  • You or the other party have a personal protection order against the other
  • Your children have been abused or neglected
  • There has been domestic violence in your relationship, unless you both have attorneys at the mediation sessions
  • You or the other party is unable to negotiate for themselves at the mediation, unless you both have attorneys at the mediation sessions
  • There is reason to believe that the health or safety of one or both of you will be put at risk by mediation
What is the Friend of the Court?

The Friend of the Court (FOC) is part of the family division of the circuit court. The FOC helps the court in cases involving custody, parenting time, and child support. Some of the duties the FOC performs are:

  • Investigating and issuing recommendations about custody, parenting time, and child support
  • Helping the parties settle disputes during and after their case
  • Providing enforcement services on existing custody, parenting time, and support orders

To learn more, read Friend of the Court Overview.

Can the Friend of the Court make decisions in my case?

If a Friend of the Court (FOC) referee issues a recommendation in your case and you do not file an objection within 21 days after you are served, the recommendation can become an order. However, the judge is not bound by a FOC recommendation and can choose not to make it an order.

You may be able to opt out of FOC services in your case if both you and the other party agree to opt out.

To learn more, read Friend of the Court Overview.

What if I have a disability and have to go to court?

If you are a person with a disability and have to go to court, you can ask the court to provide you with an accommodation so you can fully participate in the court activity.

To make your request, use the Do-It-Yourself Request for Accommodations tool and mail or deliver the form to the court administrator in the court where the activity will take place.

You should mail or deliver your Request for Accommodations as early as possible so the court can consider it and arrange for the accommodation(s) if it grants your request. If you don’t file your request before the court activity starts, but the activity is on-going (like a hearing that lasts more than a day), file your request as soon as you can.

Examples of accommodations that may be available are:

  • Interpreter for people who are deaf (such as a sign language interpreter)
  • Assistive listening device
  • Handicap accessibility (such as use of a service animal)
  • Other accommodations depending on your need

Each court has an Americans with Disabilities Act (ADA) Coordinator. You can find your court’s ADA Coordinator using the Directories page of the Michigan Courts One Court of Justice website.

 

Questions about Domestic Violence

What if the other party has abused me or my children?

Domestic violence is serious and can impact the issues in your family law case. If the other party has been verbally, emotionally, or physically abusive, consider talking to a lawyer. If you have low income, you may qualify for free legal services. Whether you have low income or not, you can use the Guide to Legal Help to find lawyers in your area.

Should I agree to mediation if my spouse or partner has been abusive?

Mediation can be helpful when the parties have equal power. Both parties must be able to say what they want, without being afraid or pressured.

Threats and control are common in relationships where one person is abusive. If the abuser is used to being in charge and making all the decisions, mediation probably won’t work well.

Mediation may be even more of a problem if the other party abused you and you don’t have a lawyer. If you have low income, you may qualify for free legal services. Whether you have low income or not, you can use the Guide to Legal Help to find lawyers in your area.

The other party has threatened to kidnap our children. Do I have to allow parenting time?

If the other party in your case has a court order giving them parenting time, you must follow the order. You must do this unless:

  • The judge changes the order, or
  • Another court order prohibits parenting time (such as a Personal Protection Order)

You can prepare a motion asking the judge to change parenting time using the Do-It-Yourself Motion to Change Parenting Time tool. You can prepare a Petition for Personal Protection Order using our Do-It-Yourself Personal Protection Order (PPO) tool.

Can I be charged with parental kidnapping if I take my child with me to a domestic violence shelter or other safe place?

Under Michigan law, parental kidnapping is a felony. But it only applies to a parent who takes or keeps their child from the other parent in violation of a valid custody or parenting time order. It is not parental kidnapping for you to take your child with you to a domestic violence shelter if there is no custody order.

Even if there is a custody order, you can move to a safe place with your child to get away from the threat of domestic violence. However, you may need to get the judge's approval to change your child's residence. For more information, read the Articles and Common Questions in the I Need to Move with My Children toolkit.