Divorced and Thinking of Moving? Think Again

Author: Richard L. Bolhouse
Date: 07/13/2009

Thinking about moving out of Michigan in hopes of finding greener economic pastures elsewhere? Many people contemplate their options with regard to this every day. If you’re divorced and have minor children, there are related issues you need to consider.
The law in the State of Michigan provides that if there are minor children involved in a divorce situation and one parent wants to move more than 100 miles from the county where the divorce took place, that parent needs to get court approval before doing so. While courts today are aware of the economic reasons for these moves, they do require an evidentiary hearing where the following issues are considered:

- Whether the move has the capacity to improve the quality of life both for the child(ren) and the relocating parent.
- The level to which each parent has complied with their past parenting time, and whether the move is simply a way to reduce or the other parent’s time spent with the children.
- Whether the court is convinced that if a chance of residence is allowed, it’s possible to modify the parenting time schedule and other arrangements to provide for a quality parental relationship between the children and each parent. This is obviously harder to do if there is a large distance between the parties.
- Whether the court believes that the move is anyway motivated by a desire to obtain a financial advantage with regard to child support.
- Whether there is a history of any type of domestic violence.

Courts also look at the underlying motive for the move. Is there a good job waiting at the new location? Are there family members or friends who the children know at the new home? How much time can the children still spend with the parent who is not going to be making the move? After weighing and analyzing all of these issues, the court decides whether to allow a parent to move to a new location.
If you are divorced with minor children and are considering a move, you need to consult with an attorney who specializes in this area to make sure you’re not making plans and commitments that a judge may not allow you to fulfill.