This toolkit tells you about responding to a motion to change the domicile (legal residence) of your children. This is for you if your children’s other parent is asking the judge for permission to move. For general information about responding to the other parent's motion to move with your children, read the Articles. Read the Common Questions if you have a specific question. If you want to respond to a Motion Regarding Change of Domicile/Legal Residence filed by your children’s other parent, use the Forms link to prepare your forms. The Checklist below has step-by-step instructions for responding to a motion to change the domicile (legal residence) of your children. Go to Courts & Agencies for information about the court or agency that will handle your case.
You'll find links to legal aid offices and lawyer referral services under Find A Lawyer. If there is a Self-Help Center in your area you can get more help there. If you need something other than legal help, look in Community Services. If you need a fee waiver, an interpreter, a court to accommodate your disability, or more information about going to court, visit Going to Court.
Common Questions
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:
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The moving parent has sole legal custody;
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You agree to the move;
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You and the other parent already live more than 100 miles apart; or
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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.
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.
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.