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

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

Posted

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

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Asker

Posted

Thank you very much!

J. Matthew Catchick Jr.

J. Matthew Catchick Jr.

Posted

My pleasure! Good luck with the move! Matt Catchick

Posted

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!

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Posted

How do i go about doing that? I live in a very small town and not sure how to get started

Kristin A. Stone

Kristin A. Stone

Posted

Every court has different procedures. What I would suggest is to call or go to the court and tell them that you need to file a motion to move children out of state. Most courts will have generic court forms for you to fill out. They can help you schedule a hearing date. You have to send the other parent the motion and the court date. The court should help you. There is also a self help website on the Michigan State Bar website that may be helpful: http://www.michbar.org/generalinfo/libraries/selfhelp.cfm. Of course, the easiest way would be to hire an attorney if you can afford one. Best.

Posted

Yes.

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Posted

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.

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Posted

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

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Posted

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.

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Posted

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.

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