This toolkit tells you about moving with your children after divorce or separation. For general information about when you need the judge’s permission to move with your children and how to ask the judge to let you move, read the Articles. Read the Common Questions if you have a specific question. If you want to file a motion asking the judge to let you move with your children, use the Forms link to prepare your forms. The Checklist below has step-by-step instructions for asking the judge to let you move with your children. Go to Courts & Agencies for information about the court or agency that will handle your case.
You'll find links to legal aid offices and lawyer referral services under Find A Lawyer. If there is a Self-Help Center in your area you can get more help there. If you need something other than legal help, look in Community Services. If you need a fee waiver, an interpreter, a court to accommodate your disability, or more information about going to court, visit Going to Court.
Common Questions
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:
-
You have sole legal custody;
-
The other parent agrees to the move;
-
You and the other parent already lived more than 100 miles apart when the case started; or
-
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.
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.