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How will your moving plans be affected by your divorce?

Divorces can be messy, complicated and emotional situations. When adding children into the mix, they can get even trickier. Throwing in a potential move on top of all that can take the divorce from something complex to something downright nightmarish, but if parents know more about how to handle the situation, it will turn out more smoothly.

As with any other divorce situation that involves a child, the first thing that any court will take into consideration is how any potential move will impact the child in question. They will take into mind both the negatives and positives of the potential move. This includes things like the travel time, how long the commute between residences would be, the state of the area that the parent wishes to relocate to, and of course how the child feels about the potential move. These determining factors will combine to make up the court’s decision, which will center on what they believe will be in the child’s best interest.

On page 17 of the Michigan Custody Guideline, Michigan Courts state that relocation can occur if the move is not over 100 miles away and as long as the move takes place within Michigan borders. Anything else requires approval of a judge., Judicial approval is not needed if the parent who wishes to move has sole custody and the move is still within Michigan, if the parents were already living 100 miles apart, if the other parent agrees, or if the move will bring the parents closer. All moves taking place outside of the state regardless of distance require approval. 

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Lorrie J. Zahodnic

"I will hold you up until you can stand on your own two feet."

Lorrie J. Zahodnic, P.C. has provided skilled and compassionate legal guidance to Michiganders in family law matters for over 20 years.

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