Michigan Change of Domicile Lawyers
Representing Men with Change of Domicile Cases in Oakland, Macomb, Wayne, Livingston, Washtenaw, Monroe, Lapeer & St. Clair Counties
After a divorce, your former spouse may want to move for a number of reasons. They may find a better job, need to move to a safer neighborhood, or want to move to be closer to friends and family. However, if you share custody with your former spouse, a move could put a strain on your relationship with your children.
If you are worried that your former spouse will move away with your child, the attorneys at the American Divorce Association for Men can help you assert your rights as a parent. There is a pre-existing law regarding custody or parenting time that restricts a change of domicile without court order or consent of the other parent. Moving children more than 100 miles from their current residence is also prohibited if there is pending or former litigation regarding the child. Exercising parenting time long distance often becomes complicated and expensive, and without compromise, the situation can quickly become contentious between the parents.
An attorney can help you if your ex is trying to relocate with your child. Call 248-356-2326 to schedule a free consultation with our experienced attorneys today.
What is the 100-Mile Rule?
If your former spouse is trying to move a long distance away without your consent, the 100-mile rule protects your rights as a father. The 100-mile rule requires the other parent to get the judge’s permission to move the child more than 100 miles from where they lived when your family law case started.
The 100-mile rule does not apply in the following scenarios:
- The other parent has sole custody
- You and your former spouse already lived 100 miles always when the case started
- You agreed to the move and signed a stipulation
If the 100-mile rule applies to your case, your former spouse cannot relocate until and unless their move is approved by the court.
Can Your Former Spouse Move Out of State With Your Children?
The 100-mile rule isn’t the only law that protects fathers in Michigan. The law also requires parents to seek permission from the court prior to moving out of state with their children. It doesn’t matter whether they are moving 25 miles or 250 miles—they will need approval from the court if they plan on moving to a different state with your children.
How Is Change of Domicile Approved?
A hearing will be scheduled shortly after one parent files a request to change the child’s residence. At the hearing for a change of domicile, both parties will have an opportunity to present their case to the judge. This will give you a chance to explain why you do not believe the move is in your child’s best interest.
After hearing from both sides, the judge will consider the following to decide if the parent will move long distance:
- If the move will improve the child’s quality of life
- If the parent is using the move to limit parenting time
- If new parenting time arrangements will permit the parent to spend the same amount of time with their child
- Whether the relationship can be preserved between the parent and child
- If the parent is moving to escape domestic violence
The burden of proof falls on the party that is requesting the change of domicile. In other words, the party that wants to move must prove with clear and convincing evidence that relocating is in the child’s best interest. If they are unable to prove this point, the judge will deny their request to relocate with their children.
Work with Our Experienced Michigan Change of Domicile Attorneys
Our skilled change of domicile attorneys can guide you through this process and ensure that your child’s best interests are the first priority. Even when the court may be inclined to grant a change of domicile or a move in excess of 100 miles, good representation from ADAM can negotiate or litigate favorable terms. We have over 30 years of experience representing men from unfair bias in the courtroom. If you need help with a child custody dispute in the greater Metro Detroit area, you can count on the legal team at ADAM for professional representation. We are also proud to represent clients in Oakland, Macomb, Wayne, Livingston, Washtenaw, Monroe, Lapeer & St. Clair Counties.
Are you the “left behind” parent with issues such as transportation and extended parenting time? Contact ADAM today to discuss the basis for a change of domicile.