Michigan Change of Domicile And Relocation Attorneys
Proceedings that involve a change of domicile are particularly emotional court proceedings as there is the potential that you may no longer have the close proximity to your son and/or daughter that you previously enjoyed. Michigan Change of Domicile laws are frequently being reviewed by the courts, with new decisions rendering new impacts on pertinent issues. Not having an Attorney who knows the progressing nuances of Relocation law could cost you dearly in the litigation process.
The Law Regarding Relocation and Change of Domicile
Prior to 2001, when a parent with physical custody was going to move anywhere within the state of Michigan, all that was required was a notification to the Friend of the Court of the Child's new address. An interstate (out of Michigan) move prior to 2001 still required court approval.
Following the Court's decision in D'Onofrio v. D'Onofrio, Michigan Relocation Law has become a little more progressive in terms of maintaining existing custody agreements. In 2001, the Legislature created a statute based upon the findings of D'Onofrio, MCL 722.31(4), which requires the court to weigh five factors:
- The possible advantages of the move in terms of the likelihood of improving quality of life for custodial parent and child alike.
- The motives of the custodial parent, paying close attention as to whether or not the move is made to defeat or frustrate the non-custodial parent.
- whether the custodial parent will conform to replacement visitation orders, since the parent with custody will no longer be under the jurisdiction of the state of Michigan.
- Motives of the non-custodial parent in fighting the change of domicile (relocation/move away) to verify that it is not for financial gain with respect to continued support obligations.
- Domestic violence, whether directed at or witnessed by the child or not.
A separate statute - MCL 772.31(1) - concentrates upon those situations where spouses who lived 100 miles or less from each other at the time of the custody suit. This law creates a legal residence for the minor child at both locations (mother's and father's respective houses) and bars the moving of either out of this 100-mile distance between the two homes.
If you would like to have a free consultation with an experienced attorney, kindly contact The Cutler Law Firm at 248-489-8780 or completeTHE CONTACT FORM and an Attorney will promptly respond to your inquiry.
|
|
