Moving with Children after Separation or Divorce

There are many reasons a family may want to move. You might want to move for a better job, a safer neighborhood, or to be closer to friends and family. For most people the decision to move is a personal one. However, this may not be the case if you are separated or divorced, and you have a custody order. In this situation, you may need permission from the judge to move your child’s residence.

In general, you need the judge’s approval to move your child's residence if:

•  You have joint legal custody and you want to move more than 100 miles from where the child lived when your family court case started; or
•  You are moving out of state, no matter what kind of custody you have.

Moving within Michigan

The 100-Mile Rule

The 100-mile rule requires you to get the judge’s permission to move your child’s residence more than 100 miles from where the child lived at the time your family court case was filed. Your family court case is the case in which the custody order was issued. The 100-mile rule applies to both parents, even if the child spends most of the time with one parent.

If you want to move more than 100 miles from where the child lived at the start of your family court case, the 100-mile rule applies unless:

• You have sole legal custody (However, you must continue to comply with the parenting time provisions of your court order. Read more below);
• The other parent agrees to the move (Read more about this below);
• You and the other parent were already living more than 100 miles apart when your family court case started; or
• Your new home will be closer to the other parent’s residence than your old home.

If you have sole legal custody, consider how the move would affect parenting time. You must continue to comply with the parenting time provisions of your court order if you move. If this would not be possible, you can ask the judge to change parenting time by filing a Motion Regarding Parenting Time. You can prepare this motion using the Do-It-Yourself Motion to Change Parenting Time tool. If you are asking for a big change in parenting time, the judge may consider it a request to change custody. In this situation, you would have to show by clear and convincing evidence that the change would be in your child's best interests.

This can be complicated, and you may want a lawyer to help you. 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. To learn more, read Custody and Parenting Time and The “Best Interests of the Child” Factors.

If the other parent agrees to the move, consider preparing a consent order, having the other party sign it, and submitting it to the court. This prevents the other parent from later challenging the move by arguing there was no agreement. The consent order should include consent to a specific change of legal residence, such as the new city. The Michigan Legal Help website cannot help you with this. If you are in this situation and need a consent order, you may want to contact a lawyer to help you. 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.

How the Judge Decides Whether to Allow the Move

If the 100-mile rule applies in your case, you must file a motion asking the judge if you can move your child's residence. After you file your motion, there will be a hearing. The judge will consider whether:

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

These are often called the 100-mile rule factors. However, the judge also uses the same factors to decide closer, out-of-state moves when the parents have joint legal custody.

Important! You must ask the judge for approval before you move your child’s residence, unless you need to move to a safe place to get away from domestic violence. If that happens, you must still get the judge’s permission, but you can do it after moving. 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 Best Interests of the Child

The judge may also consider the best interests of the child factors before deciding whether to allow your move. Read the section “The Best Interests of the Child Factors” below for more about when this would happen and what it means.

Moving outside Michigan

You Must Get the Judge's Approval

All Michigan custody orders must state that the child’s domicile (legal residence) can’t be moved from Michigan without the judge’s approval. This applies if you have sole or joint custody. It applies even if the other parent agrees with the move.

If you want to move your child out of Michigan, you are supposed to file a motion to get the judge’s approval before you move. It doesn’t matter if you are moving 25 miles away or 2,500 miles away.

How the Judge Decides Whether to Allow the Move

If you have sole legal custody, the judge doesn't need to consider the 100-mile rule factors. If you also have sole physical custody, the judge must grant your motion. However, if you have sole legal custody and joint physical custody, the judge will need to consider whether the move would cause a change in custody. If the judge decides the move would result in a custody change, then they must decide whether the move and custody change would be in the child's best interests. For a best interests decision, the judge considers the best interests of the child factors. To learn more about changes in custody and the best interests factors, read Custody and Parenting Time and The “Best Interests of the Child” Factors.

If you have joint legal custody, there will be a hearing. At the hearing the judge will consider the 100-mile rule factors to decide whether to grant your motion. The factors apply even if you are asking to move less than 100 miles away. The judge may also consider the best interests of the child factors before deciding whether to allow your move. Read the section “The Best Interests of the Child Factors” directly below to learn about when this would happen and what it means.

The Best Interests of the Child Factors

If the judge decides the 100-mile rule factors favor your move, the judge must then look at whether the move would affect custody. If your move requires a big change in parenting time, the judge might decide the move would cause a change in custody. If so, the judge must decide if the move is in your child’s best interests. At a hearing, both you and your child’s other parent will have the chance to explain why the move would or wouldn’t be good for your child.

For a best interests decision, the judge considers the best interests of the child factors. The burden of proof is clear and convincing evidence. This is the level of evidence you must show to convince the judge that the move and a change in custody are in your child's best interests. To learn more about changes in custody and the best interests factors, read Custody and Parenting Time and The “Best Interests of the Child” Factors.

Asking the Judge for Permission to Move

File a motion in your family court case to ask the judge to approve your move. You can use our Do-It-Yourself Motion to Change Domicile/Residence tool to do this. 

The other parent will get to respond to your motion. The court will schedule a hearing where you can talk about why you want to move. The other parent will have a chance to say why they do not agree with the move. You will each have the chance to present evidence regarding the 100-mile rule factors and the best interests of the child factors, if they apply.

File this motion before you move. You are supposed to follow the current parenting time schedule unless the judge changes it. Your proposed move might make your current parenting time schedule difficult or impossible to follow. Moving before you have the judge’s permission may cause you to violate the parenting time schedule. You would also be violating the requirement to get permission before you move. This could get you in trouble with the judge.

Notifying the Friend of the Court

After any change in the child's residence, you must notify the Friend of the Court in writing of the child's new address.

Finding a Lawyer

You might decide you want a lawyer to help you. If you have low income, you may qualify for free legal services. If you have a low income, you may qualify for free legal services. Whether you have a low income or not, you can use the Guide to Legal Help to find lawyers in your area. If you are not able to get free legal services but can’t afford high legal fees, consider hiring a lawyer for part of your case instead of the whole thing. This is called limited scope representation. To learn more, read Limited Scope Representation (LSR): A More Affordable Way to Hire a Lawyer. To find a limited scope lawyer, follow this link to the State Bar of Michigan lawyer directory. This link lists lawyers who offer limited scope representation. You can narrow the results to lawyers in your area by typing in your county, city, or zip code at the top of the page. You can also narrow the results by topic by entering the kind of lawyer you need (divorce, estate, etc.) at the top of the page.