What You Can Do When The Other Parent Plans To Move Away With Your Child

Divorce : The girl in the foreground at quarrel of parents
     There is a legal battle brewing when it comes to the issue of parents moving out of the city or county and its effect upon your parental rights. Through the Michigan court system, parents are manipulating the system in hopes that the child will ultimately end up living in the state where the parent desires to be.
Divorce : Divorce effect on kids concept with hands cutting paper people family - isolated
The Law Regarding Changing The Domicile Of The Minor Children
     Michigan law has determined that in a joint custody issue under MCL 722.31, unless stated otherwise, “a parent of a child whose custody is governed by court order shall not change a legal residence of the child to a location that is more than 100 miles from the child’s legal residence” without the judge’s permission or the consent of the other parent. However, such a change of domicile can occur if the court determines after looking at MCL 722.31(4) factors that the child will benefit and the parental relationship will not be detrimentally harmed.
     The courts in McKimmy v Melling have been in dispute over factor MCL 722.31(4)(c). Factor (c) states that if parenting time can be modified to still allow an adequate parental relationship between the parent and child, the legal residence change is permitted. In McKimmy, the use of technology as a medium to allow for contact and parenting time has been brought forth as a solution to the distance issue. Skype, e-mail, and the telephone have been argued as ways to fill the void of lack of physical contact. 
     Michigan judges have the tough job of determining if parents want to move their children beyond the 100 mile limit to provide a better life for the child, or just out of spite for the other parent. With the child custody battles that have been ensuing and the economic downturn in Michigan, it is hard to tell which motives prevail for parents who wish to have a change of domicile motion granted. This is one of those issues that may continue for years to come.
      If you want to discuss these issues in a free consultation with The Cutler Law Firm, call (248) 489-8780 or complete THE CONTACT FORM
 When Your Former Spouse Moves To Another City - Your Rights Must Be Enforced - freeconsultation
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