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What’s The 100-Mile Child Custody Rule?

On Behalf of | Jun 21, 2018 | divorce |

Imagine you received an excellent job offer across state lines. Or, imagine your sick mother needed you on the other side of the country. If you’re a single parent who shares child custody with the other parent, this kind of dilemma could represent a serious problem: Can you move to the new location so you can take the job offer or help your mother without violating your child custody agreement?

If the other parent of your child does share custody with you and at least has regular visitation rights, this kind of dilemma could, indeed, represent a difficult challenge. In the state of Michigan, family courts abide by the “100-mile” rule, which governs how far single parents can move their homes and bring their children with them with they share custody with another parent.

It’s a very simple rule that prohibits parents from moving more than 100 miles away. If a parent chooses to move, in violation of the 100-mile rule, he or she could risk losing child custody.

That said, in some cases, it may be possible for a parent to gain the court’s permission to move with his or her children more than 100 miles away from the other parent. In order for this to occur, the parent needs to first get approval from the other parent or petition the court by showing proof of why the move is in the best interest of the child or children concerned.

If you want to move more than 100 miles away from your current domicile with your kids, make sure you understand what Michigan state family law has to say about it.