Change of domicile, or moving of a child’s residence out of state or more than 100 miles from their prior home, can be a contentious issue for divorced parents. Whether a parent is moving for a new job or as a result of a new marriage it is important for all parties to focus on what really matters: arriving at a child custody and parenting-time arrangement that is in the best interests of the children, and which allows the children to remain close to the parent left behind.
CHANGE OF DOMICILE AND MOVING OUT OF STATE
Once a court action has been filed, parties wishing to move more than 100 miles from their previous residence or out of state must obtain permission from the court or the other parent. I handled one of the first appeals in Michigan, which served to establish the guidelines for permitting or denying a move.
For any plan to be approved, it must enable both parents to stay close to their children despite the distances involved. Modern technologies such as web cams and email have improved the logistics, but distance still presents a significant challenge for parents and children.
DETROIT AND ROYAL OAK-AREA CHANGE OF DOMICILE ATTORNEY
I have more than 35 years of family law experience and have seen a wide variety of circumstances in these cases. I believe that resolving these issues collaboratively and in good faith is best for the children. When parents are willing to work together these issues can be resolved efficiently, keeping attorney fees lower than they would be in a protracted legal fight.
If your case results in a trial, I will thoroughly prepare your case looking at all factors that will play a role in the judge’s decision, including the cost of living, employment prospects, the housing market and school quality.