How Do Courts Determine Whether to Grant a Change of Domicile?

What is a Change of Domicile?

People rarely stay in one place, whether because of pursuing new jobs or educational opportunities, family obligations, or just the need for change. As family law attorneys, our law firm is often asked about child custody laws involving cases where one or both parents wish to relocate a significant distance away, potentially moving out of state.

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Moving out of state with a child and leaving the non-custodial parent behind can raise complications and objections in a child custody case. Michigan State law establishes that parents who share joint legal custody can't move out of state (change domicile)? more than 100 miles from the child's legal residence at the time of the case that led to the child custody order. The only exception is if they have permission from a family law court, the new residence is actually closer to the other parent, or if they are fleeing the threat of domestic violence and abuse.

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While you or the other parents may have very good reasons for moving far away, such as pursuing new employment, failure to follow proper protocol and get the approval of a family law court could result in harsh penalties from a judge, including constant fines and the potential for jail time.

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When deciding child custody cases, family law courts carefully review any parental requests to move minor children more than 100 miles away from the other parent. Change of domicile requests can actually be among the most difficult family law matters argued in a court of law, both legally and emotionally. In most child custody cases, a family law judge believes that it is in the best interest of a minor child to have regular and consistent contact with both parents unless there are negative factors at play.

What is the 100-Mile Rule?

?The 100-mile rule is important in child custody matters.

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It is argued that driving 100 miles or more for visitation rights will likely limit the other parent's ability to consistently participate in their children's lives. If you or your ex are trying to move a long distance away without the express consent of the other, the 100-mile rule protects the non-custodial parent's legal rights.

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The 100-mile rule requires that parents obtain the permission of a judge to move themselves or? a child more than 100 miles away from where they resided when the divorce or custody matter was originally decided.

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The 100-mile rule does not apply in all situations, however. If you both agreed to the move and signed a stipulation stating as much, the 100-mile rule does not apply. Nor does it apply if the custodial parent has sole legal and physical custody. Additionally, the 100-mile rule does not apply if you and your former spouse already lived more than 100 miles apart when the case started.

What Are the Steps of Changing Domicile in Michigan Child Custody Cases?

While you may have very good reason for a change of domicile or your former spouse may have good reason to move out of state, it is necessary to follow proper procedures to avoid harsh penalties from a family law court.

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There are essentially two ways to get court approval for a change of domicile. Either you and the other parents agree to the change of residence and the move out of state, which usually (but does not always) results in a court approval, or the parents must file a motion with the court and demonstrate that the move is both beneficial to the parent and the child. In either case, you must justify the move with modifications to the existing parenting plan.

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Remember, you must have a court order allowing the move before you attempt to relocate. Attempting to gain the approval of a family law court after moving could jeopardize your moving plans and even result in penalties.

What Factors Do Family Law Courts Consider When Deciding Whether to Grant a Change of Residence?

?Family law judges consider five factors when deciding whether to grant a change of domicile or residence beyond the 100-mile radius.

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These include:

· ? ? ? ? Have both parents complied with and utilized their parenting time with the child? If the parents' goal of relocation is to complicate and frustrate the parenting plan schedule, judges will frown upon this

· ? ? ? ? Is the move in the best interests of both the parent and the child? Will it improve the quality of life for both parent and child? If so, a family law judge will take this under consideration. Michigan requires that judges make child custody decisions in what they believe to be the best interest of the child

· ? ? ? ? Is the non-moving parent objecting to the move based on their desire to avoid paying additional child support? And if so, to what extent?

· ? ? ? ? Will a potential relocation allow for modifications to a parenting time schedule, and if so, will both parents be able to comply with those modifications? Family law judges want to ensure that both parents still have the opportunity to foster a healthy relationship with their children. If a relocation threatens this bond, it may negatively impact the chances of a change of domicile

· ? ? ? ? Will the relocation of the child put that child at risk? The safety of the child must be considered at all times. Even if the child has not previously been a victim of domestic violence or child neglect, the question becomes, will they now be in a situation where they could witness domestic violence?

What Other Practical Matters Must Be Considered When Planning a Move Out of State?

When considering a move as a parent with existing child custody orders, you must consider many practical factors relevant to your child custody case.

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Take the time to consider the travel logistics to maintain a decent parenting time schedule for both parents.

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Will the child have more or less access to extended family, support systems, or friends? If the change of domicile moves the child away from their broader support system, this may not be in the child's best interest.

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Children will be required to make certain social adjustments after a move. Will the move benefit or hinder their education?

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It's vital that you maintain open communication with the other parent and work together to find the optimal solution for your issues while prioritizing the child's needs.

Contact Our Legal Team for a Consultation Today

Judges must consider several factors before granting a change of domicile, including whether the move will improve the quality of life for parent and child, the ability for both parents to follow parenting time provisions, whether the non-custodial parent is fighting against the move simply to avoid additional child support, and whether the parent who is moving is attempting to escape domestic violence.

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If you or your ex-spouse are planning to move out of state or beyond the 100-mile radius of where the family law court orders were originally made, it is recommended that you retain professional legal representation to argue your case. Our law firm has extensive experience representing fathers' legal rights in complex child custody cases, including those involving changes of domicile. To learn more about our legal services, please contact our Michigan law firm to schedule your free consultation today.

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?You may reach us at (248) 290-6675.