The Impact of a Parent’s Relocation on Custody and Parenting Time in Michigan

A parent’s decision to move, whether for a job, family support, or a fresh start, can create serious ripple effects when children and court-ordered custody are involved. In Michigan, relocation isn’t just a personal choice. Once there’s an existing custody or parenting-time order, it’s a legal event that may require notice, court approval, and sometimes a complete re-evaluation of custody. Michigan law balances a parent’s legitimate right to improve their life with the child’s right to a stable, ongoing relationship with both parents.

Understanding Michigan’s 100-Mile Rule

Michigan’s 100-mile rule is the threshold that often determines whether a move becomes a formal legal issue. If a court order governs a child’s custody or parenting-time arrangement, a parent generally cannot change the child’s legal residence to a location more than 100 miles from the child’s legal residence at the time of the original custody case, unless a judge approves the move or the other parent consents. That rule applies to both parents when a court order exists and is frequently the first thing lawyers and judges reference in relocation disputes.

This rule is intended to maintain the child’s life stability and protect the parenting schedule. The 100-mile distance is measured from the child’s residence when the court case began, not from the most recent court order date. This is a critical distinction that can sometimes trip parents up.

There are a few key exceptions to this rule. You do not need court permission if:

• The other parent consents to the move.
• Your custody order grants you sole legal custody of the child.
• The child’s two legal residences were already more than 100 miles apart when the case began.
• The move would result in the two legal residences being closer to each other than before the change.

If your move involves crossing state lines, a judge’s approval is always required, regardless of the distance.

When You Must Seek Court Permission

If you cannot reach an agreement with the other parent or oppose a move, the legal process begins with filing a motion with the court. The parent who wants to move must formally ask the court for permission. It is a serious step, and the court does not make this decision lightly. During a hearing, a judge will consider whether the proposed move is in the child’s best interests. This is where the specific details of your family’s situation become central to the case.

Do not move with your child without court approval or the other parent’s written consent. Doing so can violate your custody order and result in penalties from the court, including a change to your custody arrangement. Taking legal action is the proper way to handle the situation, and it shows the court that you respect the established legal process.

The D’Onofrio Factors

When a judge is asked to decide on a relocation request, they must carefully evaluate five factors. These D’Onofrio factors provide a framework for a thorough and fair evaluation, with the child’s well-being as the main priority.

• Improving the Quality of Life: The court will consider whether the move can improve the quality of life of the child and the relocating parent. This could include better schools, new job opportunities, access to family support, or a safer neighborhood.
• Compliance and Motivation: The judge will review each parent’s compliance history with the current parenting schedule. They will also consider the motivation behind the move, looking at whether the relocating parent is trying to frustrate the other parent’s relationship with the child.
• Preserving the Parent-Child Relationship: The court must be satisfied that a new parenting schedule can be created that adequately preserves and fosters the child’s relationship with the non-relocating parent.
• Financial Motives: The court will examine whether the parent opposing the move is doing so to secure a financial advantage related to child support.
• Domestic Violence: The judge will consider any history of domestic violence, whether the violence was directed against or witnessed by the child.

The Best Interests of the Child

In certain situations, a relocation can disrupt the child’s established custodial environment, the stable, familiar home life the child has relied on over time. When this occurs, the court must examine the request through a comprehensive review of the twelve best interests of the child factors. Because of the potential impact, the parent seeking the move carries a heightened burden of proof. While a judge considers all twelve factors, there are a few that are especially relevant in relocation cases:

• The love, affection, and emotional ties between the child and each parent.
• The length of time the child has lived in a stable environment, and the desirability of maintaining continuity.
• The permanence, as a family unit, of the existing or proposed custodial home.
• The willingness and ability of each parent to facilitate and encourage a close relationship between the child and the other parent.

Thinking About Relocating With Your Child?

Moving for a new job, school, or family support can be exciting, but it can quickly become complicated when custody and parenting-time orders are involved. In Michigan, relocation laws often require court approval, and judges carefully examine whether a move is genuinely in the child’s best interests.

At Bailey & Terranova, P.C., we know the stakes are high in these cases. We work closely with parents to protect their rights while keeping the child’s well-being at the center. Whether you want to relocate or challenge a proposed move, we provide the legal guidance and advocacy you need.

Our team is committed to helping you find a solution that works for you and your child. For a compassionate and knowledgeable partner in your family’s journey, contact us today to schedule a consultation. We can be reached at 517.236.7187.