Michigan Divorce Lawyer | Michigan Family Law

A difficult issue is raised when a parent wants to relocate with the parties' children to another state. Michigan child custody orders typically provide that neither parent may remove the children from the State of Michigan without the court's approval. Since the enactment of "the 100-mile" law, clear-cut standards are developed for trial courts to follow in deciding whether to grant a motion brought by a parent who wishes to relocate.

These cases are always dependent upon the particular facts. Two cases provide guidance in the type of evidence that a relocating parent should present to the court to convince a judge that the relocation should be allowed.

See Brown v Loveman, 260 Mich App 576 (2004) and a recently decided unpublished case, Mitchell v Mitchell, Docket No. 266161 (Court of Appeals decided August 17, 2006).

How a Trial Court Looks at a Move-Away Case

You’ve perhaps read the other entries in my Blog dealing with the so-called 100-mile rule – the statute that says, in part, as follows:

(1) A child whose parental custody is governed by court order has, for the purposes of this section, a legal residence with each parent. Except as otherwise provided in this section, a parent of a child whose custody is governed by court order shall not change a legal residence of the child to a location that is more than 100 miles from the child’s legal residence at the time of the commencement of the action in which the order is issued.

A case decided by Michigan's Court of Appeals on December 8, 2005 illustrates how a trial court may evaluate a parent’s motion to remove the children’s residences.

If you’re planning to make such a motion, you should check out the decision in Raneses v Raneses, an unpublished case, Docket No. 261468.

When considering a petition for change of residence, a court must consider and address the requirements of MCL 722.31. Where a change of residence will effect a change in the children’s custodial environment, the court must also conduct a best interest analysis under MCL 722.23.

Recall that a custodial environment is established if over an appreciable time the child naturally looks to the custodian in that environment for guidance, discipline, the necessities of life, and parental comfort. The age of the child, the physical environment, and the inclination of the custodian and the child as to permanency of the relationship shall also be considered. [MCL 722.27(1)(c).]

This Court has noted that a parenting time schedule following a change in residence need not be equal to the prior schedule in all respects, and that even an established custodial environment with both parents can be left undisturbed following a move.

Other move-away cases you may want to review are:

Brown v Loveman, 260 Mich App 576, 590-591; 680 NW2d 432 (2004).

Mogle v Scriver, 241 Mich App 192, 197; 614 NW2d 696 (2000).

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Roadmap: How to Win a Relocation Motion

How a Trial Court Looks at a Move-Away Case