MICHIGAN-Custody and parenting-time disputes are some of the most challenging issues that arise during a divorce process. When one parent seeks to relocate to a new city or another state with a child or children, Michigan law imposes strict requirements and a detailed legal analysis before any move can be approved.
Understanding the process, the legal standards, and the factors judges evaluate is critical for any parent considering relocation.
The 100-Mile Rule
Under Michigan law, a parent cannot move a child more than 100 miles from the child’s legal residence as established in existing custody statues, unless an exception applies.
You must request permission from the court if you want to move more than 100 miles within Michigan, or if you want to move out of state, even if the distance is less than 100 miles.
Exceptions to the 100-mile rule include:
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- If the parents lived more than 100 miles apart when the case was filed (and the move remains within Michigan).
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- If the other parent consents in writing, or the court finds other statutory exceptions apply.
Even if an exception exists, moving out of state still requires court permission.
How to Request a Change of Residence
While there are Do-It-Yourself tools set up by the Michigan Supreme Court that allows anyone to file divorce, custody, and support forms. It is encouraged that you retain legal representation if you plan on changing your child’s residence. An experienced family or divorce attorney will help you navigate the filing process with greater accuracy and impact.
Below are the standard steps parents must follow when seeking permission to relocate a child.
1. Prepare and Complete the Required Forms
Parents must complete a document called a Motion Regarding Change of Domicile/Legal Residence along with any supplemental pages explaining why the move is in the child’s best interest.
If the move is out of state, courts typically require additional detail and documentation, including a clear explanation of how the relocation benefits the child. Among the reasons include;
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- A better job offer that will offer the parent and child greater financial security
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- A need to be closer to other family members for significant support
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- A parent is trying to relocate to another state due to domestic violence
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- Military orders that requires a parent to relocate
All documents must be signed in front of a notary public.
2. Obtain a Hearing Date and File Forms with County Clerk
Contact your county’s clerk’s office to schedule a hearing. If the case is filed in Wayne County, the clerk’s office allows you to request hearing dates online through the E-Praecipe system. If the case is in Oakland County, you can request a hearing through their E-Praecipe tool as well.
Once a date is assigned, it must be written on all copies of the motion and supporting documents.
File the original motion and required copies with the clerk of the court where your custody case is located. Filing fees must be paid unless waived by the court for financial hardship. It is important to keep stamped copies for yourself and for service on the other parent.
Be aware of whether your court uses the MiFile E-filing system. If they do, the court will expect you to use it to serve the other parent with the instructions on how to set up their MiFile account.
3. Serve the Other Parent
You must mail or formally serve the other parent with all filed documents.
After service, you must complete and file a Certificate of Mailing confirming that the documents were properly sent. You must send the documents using certified or registered mail only. You can also find individuals to personally serve your documents to the other parent, such as the local sheriffs.
4. Attend the Court Hearing
At the hearing, the judge will review your evidence and determine whether the relocation benefits the child.
You must clearly explain:
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- Why the move improves the child’s life,
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- How parenting time with the other parent will be preserved,
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- Why the relocation aligns with Michigan’s best-interest standards.
The Five Legal Factors Judges Consider in Relocation Cases
Michigan courts must evaluate five statutory factors when deciding whether to allow a child’s relocation. These factors ensure the focus remains on the child’s welfare—not just the parent’s circumstances. The factors the courts will consider are:
1. Whether the Move Will Improve the Quality of Life for the Child and the Parent
Courts look at:
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- Educational opportunities,
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- Family support networks,
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- Housing stability,
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- Employment or financial benefits,
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- Overall improvements in the child’s daily life.
Importantly, the child’s interests take priority over the relocating parent’s benefits.
2. Whether the Move Is Intended to Frustrate the Other Parent’s Parenting Time
Judges examine each parent’s history of compliance with parenting-time orders.
If the court suspects the move is meant to limit the other parent’s relationship with the child, the request will likely be denied.
3. Whether Parenting Time Can Be Preserved Through a Realistic Schedule
The court must be confident that:
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- The child can maintain a strong relationship with both parents,
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- A new schedule (extended breaks, summers, holidays) is workable.
Judges also consider whether the relocating parent is likely to follow the new plan.
4. Whether the Other Parent’s Objection Is Motivated by Financial Concerns
If the objecting parent opposes the move to avoid higher costs for parenting time (travel, transportation, etc.), the court will take this into account. Financial inconvenience alone is not enough to deny a relocation.
5. Whether the Move Increases the Risk of Domestic Violence
Child safety remains the top priority. The courts will evaluate:
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- Any history of domestic violence involving either household,
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- Whether the child might be exposed to harmful behavior,
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- Whether relocation increases or decreases risk.
Conclusion
Relocating with a child after a divorce, separation or following a custody order is possible, but the process is complex and requires strict compliance with Michigan law. Consult an attorney early on, as relocation cases are among the most litigated issues in family court.
If you are considering relocating—or objecting to a relocation request—speaking with an experienced family-law attorney is essential to protecting your rights and presenting the strongest possible case.
If you or a family member need information regarding a specific case or the assistance of experienced attorneys fighting for people like you every day, call our 24-7 English-Spanish line at 248.951.2450 or reach out to us at Atiya Law.