Legal Residence & Domicile
Changing the Child’s Residence
Legal Residence:
Legal Residence:
Generally, a parent must request court permission to move more than 100 miles from his or her address at the time the court order was entered (legal residence). This applies to a parent who has primary physical custody and applies to both parents if they have shared physical custody. A parent does not have to request court approval of a proposed move to another place in Michigan if:
- The court ordered sole custody to one of the child’s parents.
- The parents were already living 100 miles apart when custody was ordered.
- The move results in the child’s 2 legal residences being closer to each other than before the move.
However, if the custodial parent wants to move the child to another state, even if it is closer than 100 miles from the other parent’s residence, the court must approve the move.
Domicile:
The court must consider the following factors in deciding whether to grant permission for a parent to remove a minor child from the state:
Domicile:
A parent can get the court to approve the move in one of two ways. You can ask the other parent to agree to the move. If the parents agree, the friend of the court or an attorney can prepare an order to allow a change of domicile. The order must state: the address where the child will reside and any changes in parenting time or transportation made necessary by the move. If the parents do not agree, you must file a Motion Regarding Domicile/Legal Residence that asks the court to enter an order allowing you to move the child. Filing a motion, or notifying the Friend of Court that you intend to move the child, does NOT allow you to move the child. You must first obtain a court order approving the move.
The court must consider the following factors in deciding whether to grant permission for a parent to remove a minor child from the state:
- Whether the move will improve the quality of life for both the custodial parent and the child.
- Whether the custodial parent is trying to prevent parenting time by the non-custodial parent, and whether the custodial parent would be likely to comply with a new parenting time schedule that would be needed because of a move.
- Whether the non-custodial parent is opposing the move because it would be to his or her advantage in paying support.
- Whether the court is satisfied that there will be an actual opportunity for parenting time that makes it possible to preserve and foster the child’s relationship with the non-custodial parent if the court allowed the move.