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Common Questions about Moving with Children
Contents
These are common questions about moving with children.
Questions about Getting Court Permission to Move
Yes, if you are moving out of Michigan. You also need the judge’s permission to move your child’s residence more than 100 miles from where the child lived at the start of your custody case, unless:
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You have sole legal custody;
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The other parent agrees to the move;
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You and the other parent already lived more than 100 miles apart when the case started; or
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Your proposed move will actually bring your home closer to where the other parent lives.
No. But if you are involved in a family law case and want to move, you should consider talking to a lawyer first. You may complicate your family law case if you move and disrupt the other parent’s ability to see your child, or if you move out of Michigan.
File a motion in your family law case to ask the judge to approve your move. You can use our Do-It-Yourself Motion to Change Domicile/Residence tool to do this.
If you want to ask the court to change parenting time, you can use our Do-It-Yourself Motion to Change Parenting Time tool to create the forms you need.
Parenting time can be changed if there is a change in circumstances or proper cause for the judge to reconsider parenting time, and if it is in the best interests of the child to change parenting time.
If you are really trying to change custody instead of parenting time, it will be harder to prove proper cause or a change in circumstances. If you want a significant change in parenting time, you may need to file a motion to change custody instead.
To learn more, go to the I Need to Change Parenting Time toolkit.
The 100-mile rule is part of Michigan’s Child Custody Act. The 100-mile rule applies once a custody or parenting time order is entered in a family law case. In general, the rule says a parent must get the judge’s permission to move the child’s residence more than 100 miles from where the child lived at the start of the family law case. There are some exceptions. Some custody orders specifically say the 100-mile rule doesn’t apply, so see what your order says. Note that if a parent wants to move out of state, they must get the judge's permission even if the move would be less than 100 miles.
The 100-mile rule requires the judge to consider certain factors when deciding whether to allow the move. To learn more, read Moving with Children after Separation or Divorce or Responding to a Motion to Change Domicile.
If you are moving out of Michigan, you must get the judge’s permission to move even if the other parent agrees.
If you are moving within Michigan you don’t need the judge’s permission if the other parent agrees to the move. But you should have more than a verbal agreement. Prepare a consent order, have the other party sign it, and submit it to the court to be signed by the judge. This prevents the other parent from later challenging the move by arguing there was no agreement. The consent order should include consent to a specific change of legal residence, such as the new city. The Michigan Legal Help website cannot help you with this. If you are in this situation and need a consent order, you may want to contact a lawyer to help you. If you have low income, you may qualify for free legal services. Whether you have low income or not, you can use the Guide to Legal Help to find lawyers in your area.
If parenting time arrangements will need to change due to the move, you can use the Do-It-Yourself Motion to Change Parenting Time tool to prepare a new proposed parenting time order (and a motion if needed).
Domestic relations mediation is a process that the court can use to help resolve contested issues in a family law case. The mediator is a neutral person who helps you and the other party work out an agreement in your case. You could be referred to mediation if you agree to it or if the judge orders it. You and the other party will pay the mediator a fee.
Some cases are not appropriate for mediation. Your case might be excused from mediation for any of the following reasons:
- You or the other party have a personal protection order against the other
- Your children have been abused or neglected
- There has been domestic violence in your relationship, unless you both have attorneys at the mediation sessions
- You or the other party is unable to negotiate for themselves at the mediation, unless you both have attorneys at the mediation sessions
- There is reason to believe that the health or safety of one or both of you will be put at risk by mediation
The Friend of the Court (FOC) is part of the family division of the circuit court. The FOC helps the court in cases involving custody, parenting time, and child support. Some of the duties the FOC performs are:
- Investigating and issuing recommendations about custody, parenting time, and child support
- Helping the parties settle disputes during and after their case
- Providing enforcement services on existing custody, parenting time, and support orders
To learn more, read Friend of the Court Overview.
If a Friend of the Court (FOC) referee issues a recommendation in your case and you do not file an objection within 21 days after you are served, the recommendation can become an order. However, the judge is not bound by a FOC recommendation and can choose not to make it an order.
You may be able to opt out of FOC services in your case if both you and the other party agree to opt out.
To learn more, read Friend of the Court Overview.
Yes. To get your court fees waived, you must file a Fee Waiver Request. This form tells the court that you can't afford to pay the fees in your case, and it asks for a waiver. You can use the Do-It-Yourself Fee Waiver tool to complete the affidavit.
If you are a person with a disability and have to go to court, you can ask the court to provide you with an accommodation so you can fully participate in the court activity.
To make your request, use the Do-It-Yourself Request for Accommodations tool and mail or deliver the form to the court administrator in the court where the activity will take place.
You should mail or deliver your Request for Accommodations as early as possible so the court can consider it and arrange for the accommodation(s) if it grants your request. If you don’t file your request before the court activity starts, but the activity is on-going (like a hearing that lasts more than a day), file your request as soon as you can.
Examples of accommodations that may be available are:
- Interpreter for people who are deaf (such as a sign language interpreter)
- Assistive listening device
- Handicap accessibility (such as use of a service animal)
- Other accommodations depending on your need
Each court has an Americans with Disabilities Act (ADA) Coordinator. You can find your court’s ADA Coordinator using the Directories page of the Michigan Courts One Court of Justice website.
Questions about Domestic Violence and Custody
Domestic violence is serious and can impact the issues in your family law case. If the other party has been verbally, emotionally, or physically abusive, consider talking to a lawyer. If you have low income, you may qualify for free legal services. Whether you have low income or not, you can use the Guide to Legal Help to find lawyers in your area.
Mediation can be helpful when the parties have equal power. Both parties must be able to say what they want, without being afraid or pressured.
Threats and control are common in relationships where one person is abusive. If the abuser is used to being in charge and making all the decisions, mediation probably won’t work well.
Mediation may be even more of a problem if the other party abused you and you don’t have a lawyer. If you have low income, you may qualify for free legal services. Whether you have low income or not, you can use the Guide to Legal Help to find lawyers in your area.
If the other party in your case has a court order giving them parenting time, you must follow the order. You must do this unless:
- The judge changes the order, or
- Another court order prohibits parenting time (such as a Personal Protection Order)
You can prepare a motion asking the judge to change parenting time using the Do-It-Yourself Motion to Change Parenting Time tool. You can prepare a Petition for Personal Protection Order using our Do-It-Yourself Personal Protection Order (PPO) tool.
Under Michigan law, parental kidnapping is a felony. But it only applies to a parent who takes or keeps their child from the other parent in violation of a valid custody or parenting time order. It is not parental kidnapping for you to take your child with you to a domestic violence shelter if there is no custody order.
Even if there is a custody order, you can move to a safe place with your child to get away from the threat of domestic violence. However, you may need to get the judge's approval to change your child's residence. For more information, read the Articles and Common Questions in the I Need to Move with My Children toolkit.
Supervised parenting time is where children spend time with a parent, supervised by another adult. A judge may order supervised parenting time if a parent is not responsible or is a risk to the children.
The supervisor could be a grandparent, other relative, friend, or other court-appointed supervisor. If a parent is a threat or danger to the other parent but not to the children, a judge may still order supervised parenting time. Or, a judge may allow unsupervised parenting time but require that pick-up and drop-off be supervised or done by a third party.