Increasing the Chances of Change of Domicile Approval

My question involves a child custody case from the State of: Michigan

My question involves a child custody case from the State of: Michigan

I plan on filing a change of domicile to move from Michigan to Texas. I currently have little family support where I live and don't believe that I will be able to find better employment where I live now, which are both motivating factors in my move. My child currently spends time with their father every other weekend and sporadically for various holidays. He currently has reasonable parenting time. I have full custody of my child but have joint legal custody. By moving to Texas my child will be placed in a better school system. I am willing to give their father 10-11 weeks during the summer, spring break, Christmas break, and alternating thanksgiving breaks. I am also proposing that my child be able to have "virtual visitation" with father twice per week, for a min. of 30 mins. Currently her father does not pay child support, and I would not be seeking child support after we move, as long as we can split travel expenses. If the courts rule that we can leave and id be responsible for travel cost, I would be okay with that also. How likely is it that I could win the court case, and what could boost my chances in being able to leave the state with my child??


Any assistance would help a lot!!! Thanks in advance.

You do not have a guarantee of a job where you are going either. All you have is the will to destroy other parents relationship.

I have interviews set in place and the experience and education needed to land those jobs, but with court proceedings being unpredictable I can't accept a job offer without knowing if id be able to move. Furthermore there is no will to destroy the other parents relationship, I'm willing to give any time that my child can spend with their father in order to maintain their current relationship. Im just not willing to stay in a state where I cant find employment equal to my education and don't think that my child or I should be penalized. I'm the main provider and they would have better opportunities to be involved in activities and explore interests if I could afford to give that to them. So thanks for your response but that's not the case at all.

See MCL 722.31.

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Quoting MCL 722.31(4)

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(4) Before permitting a legal residence change otherwise restricted by subsection (1), the court shall consider each of the following factors, with the child as the primary focus in the court's deliberations:

(a) Whether the legal residence change has the capacity to improve the quality of life for both the child and the relocating parent.

(b) The degree to which each parent has complied with, and utilized his or her time under, a court order governing parenting time with the child, and whether the parent's plan to change the child's legal residence is inspired by that parent's desire to defeat or frustrate the parenting time schedule.

(c) The degree to which the court is satisfied that, if the court permits the legal residence change, it is possible to order a modification of the parenting time schedule and other arrangements governing the child's schedule in a manner that can provide an adequate basis for preserving and fostering the parental relationship between the child and each parent; and whether each parent is likely to comply with the modification.

(d) The extent to which the parent opposing the legal residence change is motivated by a desire to secure a financial advantage with respect to a support obligation.

(e) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.

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You have not told us what additional family support you would have in Texas. You have not explained how you would be better served by moving to Texas than to a more economically vibrant community in Michigan, or a Michigan community with better schools. A Michigan court is obligated to apply the child support formula absent proof that application of the formula would be unjust or inappropriate, and is apt to reject an attempt to trade child support for permission to move. You have not explained why dad isn't paying support right now. In other words, we don't have enough information to comment on what a court might do.

If you have strong family ties in the community in Texas where you plan to relocate, you have a job lined up, you can show that relocation would be good for the child, and you can demonstrate that you are accommodating long-term visitation, you'll be in a better position to argue for permission to move. What would be best to improve the odds, however, is to have dad's consent.

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Quoting Determinedmommy

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My question involves a child custody case from the State of: Michigan

My question involves a child custody case from the State of: Michigan

I plan on filing a change of domicile to move from Michigan to Texas. I currently have little family support where I live and don't believe that I will be able to find better employment where I live now, which are both motivating factors in my move. My child currently spends time with their father every other weekend and sporadically for various holidays. He currently has reasonable parenting time. I have full custody of my child but have joint legal custody. By moving to Texas my child will be placed in a better school system. I am willing to give their father 10-11 weeks during the summer, spring break, Christmas break, and alternating thanksgiving breaks. I am also proposing that my child be able to have "virtual visitation" with father twice per week, for a min. of 30 mins. Currently her father does not pay child support, and I would not be seeking child support after we move, as long as we can split travel expenses. If the courts rule that we can leave and id be responsible for travel cost, I would be okay with that also. How likely is it that I could win the court case, and what could boost my chances in being able to leave the state with my child??


Any assistance would help a lot!!! Thanks in advance.

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I agree with Mrknowitall, but would also recommend that you research the normal summer break time for the school system where you will to move and reserve at least 3 weeks of the summer for yourself. Also I recommend that you split Christmas break, so that you each get 1/2. Over time you are going to find that having almost no major holidays with the child or time to vacation with the child won't be in the child's best interest.

I plan on filing a change of domicile to move from Michigan to Texas. I currently have little family support where I live and don't believe that I will be able to find better employment where I live now, which are both motivating factors in my move. My child currently spends time with their father every other weekend and sporadically for various holidays. He currently has reasonable parenting time. I have full custody of my child but have joint legal custody. By moving to Texas my child will be placed in a better school system. I am willing to give their father 10-11 weeks during the summer, spring break, Christmas break, and alternating thanksgiving breaks. I am also proposing that my child be able to have "virtual visitation" with father twice per week, for a min. of 30 mins. Currently her father does not pay child support, and I would not be seeking child support after we move, as long as we can split travel expenses. If the courts rule that we can leave and id be responsible for travel cost, I would be okay with that also. How likely is it that I could win the court case, and what could boost my chances in being able to leave the state with my child.

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Thanks for your responses. Mr.knowitall he currently does not pay child support due to it being reduced a couple of years ago and me never going back to the courts when the situation changed. As fat as a job goes I have been applying for jobs and now have there potential interviews. Is it sufficient to document job interview offers or do I have to actually land a job first. It seems unreasonable for the courts to think that I should get a job offer which I may have to refuse or lose out on anyways depending on the length of time it will take to get a judgment