Do I need permission from a judge to move my kids out of state?

Asked 7 months ago - Omer, MI

I am divorced and have full legal and physical custody. Do I still need permission to move? My ex husband has visitation but only sees kids once a year and there is a support order. He lives 3 hrs away from us and travels for work. I feel moving out of state may be my best option as I am having a very hard time making ends meet here in Michigan.

Attorney answers (7)

  1. J. Matthew Catchick Jr.

    Pro

    Contributor Level 16

    6

    Lawyers agree

    1

    Answered . Yes, for an out-of-state move you need the Judge's permission, even if you have full legal and physical custody. I wish you all the best of luck. Warmest regards, Matt Catchick

  2. David B. Carter Jr.

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Yes.

  3. Kristin A. Stone

    Pro

    Contributor Level 7

    4

    Lawyers agree

    Answered . Yes. The law in Michigan requires that a parent having custody of a child get the court's permission to move out of state. This is so even for parents with sole legal custody. It is typically a formality and the courts grant the motion, but you are required to file it. This is the law: If a parent with sole legal custody of a child subject to court order wants to move to another state, MCL 722.31 does not apply, but MCR 3.211(C)(1) still requires the custodial parent to seek the court’s permission. Brecht v Hendry, 297 Mich App 732, 743, 825 NW2d 110 (2012).) Good luck!

  4. Shawn Patrick O'Connor

    Contributor Level 5

    4

    Lawyers agree

    Answered . Yes. Under Michigan law you cannot remove a child 100 miles from her or her "established custodial environment" absent court approval. Mind you, this assumes your husband is not in agreement with the move.

    In essence, you will have to prove to the court that the move will be in your child's best interest. The increased income you alluded to will definitely assists you in making this argument. However, the income increase should be definite and not prospective.

  5. Daniel Findling

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . Changing domicile or moving out of State requires court permission as the others have mentioned. I am attaching a link on how to obtain court permission.

    Daniel

  6. Marcus Cooper

    Contributor Level 12

    2

    Lawyers agree

    Answered . As you have seen from the other attorneys, this is a question where there is a definite legal answer. You have to get permission to move you children out of Michigan. I suggest you consult an attorney. That way you can avoid any delay in this matter.

  7. Alan James Brinkmeier

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Yes. To move you need permission and a court order. Find a Lawyer tool on Avvo is the way to go to hire an experienced attorney as soon as possible.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Child Custody in a Divorce

Child custody may be physical or legal. Physical custody covers who the child lives with, and legal custody is the right to make decisions.

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