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  1. #1
    Join Date
    Jul 2014
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    2

    Default Non-Custodial Parent Moving Out of State but Less Than 100 Miles from Kids

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

    I am the non-custodial parent (joint legal custody)who practices "reasonable rights of parenting time" every other weekend, alternating holidays and several weeks in the summer. I'm looking to relocate out of the state of Michigan (relocating to Toledo Ohio) but will still be within 75 miles of my kids. I currently live 30 miles from my kids 13 and 16. I don't see the visitation schedule changing other than dropping the midweek visit which had turned into me taking the kids to dinner and my daughter to piano lessons the ex-wife scheduled on my parenting time without my permission. ( I was looking to drop the midweek anyway).

    The custody order simply states the ex-wife has sole physical custody and I have "reasonable parenting time" as outlined in the FOC parenting time handbook.

    Do I need permission of the former spouse or the court to move since the visitation schedule isn't really changing?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Non-Custodial Parent Moving Out of State but Less Than 100 Miles from Kids

    It's very rare that the NCP has to get permission to relocate.

    However, you really do need that court order fixed (in my opinion). Hopefully our poster - gam - will stop by with a wealth of Michigan knowledge

  3. #3
    Join Date
    Jul 2011
    Posts
    244

    Default Re: Non-Custodial Parent Moving Out of State but Less Than 100 Miles from Kids

    You sure your order does not address relocating?

    All orders must follow what is at this link
    http://www.legislature.mi.gov/(S(mue...ame=mcl-722-31

    (5) Each order determining or modifying custody or parenting time of a child shall include a provision stating the parent's agreement as to how a change in either of the child's legal residences will be handled. If such a provision is included in the order and a child's legal residence change is done in compliance with that provision, this section does not apply. If the parents do not agree on such a provision, the court shall include in the order the following provision: “A parent whose custody or parenting time of a child is governed by this order shall not change the legal residence of the child except in compliance with section 11 of the “Child Custody Act of 1970”, 1970 PA 91, MCL 722.31.”.
    Through that same link, you will see that with joint legal custody, a child has 2 legal residences, because of this that is why in this section 5 it is suppose to address this issue if either of the childs legal residence is changed. But this addresses only if the move is over 100 miles.

    But to further complicate this, if the move is out of state, the miles do not matter. Where that is in Michigan law, I don't remember and can't find it, but I know for fact that out of state moves no matter the distance require the other parents or the courts permission.

    Now when you read this it is stating the child has 2 legal residences and neither can be changed, however every lawyer site I find in Michigan, only applies this to the custodial parent. I believe they worded it this way for joint physical cases, where time is close to or is 50/50. In those case you don't have a custodial and a non custodial parent so both would have to either have the other parents permission or the courts.

    But to be honest I'm not 100% sure. Maybe somebody will come along and no for sure, there are a few on this site that I would trust with a better answer. You could call around and find a lawyer that does free consults and run it by them.

    You could also just run it by mom in an email, which you really have to do anyways, because your wanting to technically change the current parenting time order by dropping the weeknight visit. Another issue you may have is transportation, check your current order on who is responsible for that. With you moving further away, mom may not want to do transportation if she does now under the current order. Pretty common that the moving party does the transportation. So you may find this needs to be fixed in the current order or agreed upon on transportation with mom. You can always file anything you change and agree upon with the courts, as an agreed stipulation, sometimes safest to do this, covers everyone legally that way.

  4. #4
    Join Date
    Jul 2014
    Posts
    2

    Default Re: Non-Custodial Parent Moving Out of State but Less Than 100 Miles from Kids

    Thank you both for the info. Long story short, our order does contain the reference to "Child Custody Act of 1970”, 1970 PA 91, MCL 722.31 regarding moving. I do the vast majority of the transportation of the kids back and forth and only recently has my 16 YO been doing some of that with her brother to come see me.

    The Wednesday night thing seems like a non-issue as the court does not recognize it as time used to base child support on, they only look at overnights.

    That all being said....looks like I'll have to ask the controlling B's permission to live my life!!! Big part of why we divorced! If anyone else has any valuable info, I'd love to hear it.

  5. #5
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Non-Custodial Parent Moving Out of State but Less Than 100 Miles from Kids

    Quote Quoting akamu1970
    View Post
    Thank you both for the info. Long story short, our order does contain the reference to "Child Custody Act of 1970”, 1970 PA 91, MCL 722.31 regarding moving. I do the vast majority of the transportation of the kids back and forth and only recently has my 16 YO been doing some of that with her brother to come see me.

    The Wednesday night thing seems like a non-issue as the court does not recognize it as time used to base child support on, they only look at overnights.

    That all being said....looks like I'll have to ask the controlling B's permission to live my life!!! Big part of why we divorced! If anyone else has any valuable info, I'd love to hear it.
    You don't really need to ask her permission. You do have to notify her of the move. Then, if she wants to object to it she has to take it to court. If she actually would take it to court I think that the judge would laugh at her. However, do expect her to object to the 16 year old driving that far...and a judge might possibly agree with her.

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