What to Expect When Moving Away with Your Kids after a Divorce

Grand Rapids MI

20 January, 2021

11:22 AM

Description

The decision to get a divorce is often a difficult one for everyone involved, especially when the split involves spouses with kids. It can raise a number of complicated legal questions related to child custody, visitation and support. Sometimes, many of those questions come up long after the divorce has been finalized and the spouses have gone their separate ways. For example: What happens when one parent wants to move away with the kids? As a Michigan family law attorney representing people in a wide range of cases throughout the state, I am often contacted by parents who want to move with their kids after a divorce. Although this is a fairly common situation, the legal responsibilities for a parent looking to move vary widely based on the state in which he or she lives and the existing custody arrangement. It is vital to have a seasoned family law attorney by your side if you are a parent looking to move following a divorce. How Custody Works Child custody generally has two components: legal and physical. Physical custody refers to where and with whom the child lives, while legal custody determines which parent has the right to make certain major decisions about the child’s upbringing, including those related to school and healthcare. Both forms of custody may be awarded solely to one parent or may be shared jointly among the parents, depending on the situation. Divorcing parents have the right to reach their own agreements about custody, but the decision will ultimately be made by a judge if they can’t resolve custody on their own. Courts in Michigan look at a number of factors to determine what is in the best interest of the children involved when making a custody decision. Generally, parents who share joint legal custody of a child are limited in their ability to make certain moves without approval from the other parent. The particular limits vary based on the state in which the parents live. Michigan’s 100 Mile Rule Michigan law prohibits a parent who shares joint legal custody over a child from moving more than 100 miles or out of state without approval from the other parent. In the event that the parents can’t agree on the move, the parent who wants to move can go to court and ask for an order approving the move. To get that order, you have to convince the judge that the move is in the best interests of the child. Similarly, if you believe that the other parent will be moving without the necessary court permission, you can file a motion to prevent such a move. Courts in Michigan look at a number of factors when reviewing a request for move approval. That includes whether the move will impact either parent’s current visitation time, how the living arrangement will impact the child’s relationship with each parent and whether the move will improve the quality of life for parent and child. A parent looking to move for a new job and better paycheck, for example, is likely to have a stronger case than a parent who wants to move to be with a new significant other early in the relationship. It is vital that any parent seeking to move after a divorce consult an experienced family law attorney. A lawyer can help you understand your rights and options, guide you through the legal process and help build the strongest possible case for approving the move. The attorney can also help you collaborate with the other parent in an effort to avoid a long, drawn out legal battle.