What are my rights as far as how far my child can live from me if I am paying court ordered child support?

It seems like you have a whole series of questions. The answer to these questions depends on alot of factors.

In regards to your issue concerning the distance your child is away from you, a review of your support paperwork is necessary. You should look to your support papers to see whether you have joint legal or sole legal custody of your child. If you have joint legal custody you have some legal options.

The “100-mile” rule, generally, provides that if parents have joint legal custody, neither parent may relocate if the move involves more than 100 miles from their respective homes.

” With MCL 722.31, the Legislature has adopted a policy limiting the ability of a parent to unilaterally alter the legal residence of a child under a current custody order and established the mechanism by which courts are to evaluate petitions (sic) to change the legal residence of a (sic) such children.”

In regards to a change of custody, you must show to the court that there is clear and convincing evidence that it is in the best interest of the minor child to be in your custody. To change custody you must petition the court for a review of the issue of custody. The issue may go in front of either a referee which occurs quite often in Macomb Circuit Court of you will go in front of a judge. At this point the judge may decide to send the matter to the Friend of the court for investigation. The Friend of the Court will make a recommendation that can be adopted or rejected. If the parties still disagree the matter can ultimately go to an evidentiary hearing to decide the issue in front of the judge.


If you have further questions contact me at
www.brigugliolaw.com or
cell 586-549-6970