In a judgment of divorce or a custody agreement (if the parties were never married), Michigan law allows one party to move no more than 100 miles away from the other party. Typically, one party may not move out of the state. In Michigan, if you live close to the border of Ohio and want to move less than 100 miles away but in Ohio, you may not have to file a motion. People move for many reasons: remarriage, a business transfer, proximity to specialized medical care for an illness or injury or military service.
After the divorce and one spouse is moving, is it because that spouse wants revenge? Will the move benefit the child? Or will it cause family members to be against each other? The law office of David Lutz in Oakland county can meet with you to discuss your options so that you can make a good decision that is in the best interest of your child.
For a parent to be able to move his/her child more than 100 miles away: The move should improve the quality of life for parent and child.
The custodial parent requesting the move should not intend to frustrate the parent seeking visitation and should be likely to comply with substitute visitation orders.
Non-custodial parent resisting the relocation should not be motivated by a desire to secure a financial advantage regarding continuing support obligation.
There should be realistic opportunities for visitation to preserve the parental relationship.