Motions For Court Authority to Move Out of State
When a custodial parent decides to move out-of-state with the child, it can interfere with the parenting time of the non-custodial parent. For that reason, Michigan's Legislature enacted a statute preventing a custodial parent from taking a child and relocating to an out-of-state residence, unless the noncustodial parent permits it, or the court grants an order permitting it. The Cutler Law Firm can assist you if you wish to relocate, or defend against another parent’s attempt to relocate.
A Michigan court will grant permission for an out-of-state relocation for a custodial parent if it determines that the move is in the child’s best interest. This is based on a number of factors, including the following:
- What is the reason for the relocation?
- What kind of relationship does the child have with the noncustodial parent?
- What is the age of the child?
- What is the developmental stage of the child?
- Will the relocation mean a change in the quality of life for both the child as well as the custodial parent?
If the court is satisfied with the answers to these questions, then it may give permission to the custodial parent to move. Permission for relocation will not be granted if the purpose of the move is to interfere with the parenting time of the noncustodial parent.
Burden of Proof
In cases where the custodial parent wants to relocate to another state with the child, the burden of proof rests with the parent who wants to move. Until recently, it was the noncustodial parent who had the burden of proof to show that the relocation would not be in the child’s best interests.
If you would like to have a free consultation with an experienced attorney, kindly contact The Cutler Law Firm at 248-489-8780 or complete THE CONTACT FORM and an Attorney will promptly respond to your inquiry
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