When parents in Michigan divorce, they typically share custody afterward. They need to see each other frequently to exchange custody and communicate regularly about their children. Sometimes, one spouse plans to move on, which may require moving away from the community where they lived while married.
The non-custodial parent who has the children less of the time and whose address is not their legal address might accept a new position in the Upper Peninsula or start a relationship with someone living in another state.
Do non-custodial parents need to wait until their children are adults to move away if they share custody?
A modification could help
Michigan does restrict relocations in shared custody scenarios. However, those restrictions apply to relocations that change the children’s primary address and involve a move 100 miles or more away from their current residence.
A parent who only has visitation or limited parenting time could relocate, although doing so could have an impact on their custody order. They may need to discuss a modification with their co-parent that allows them to take the children for extended periods over the holidays and their summer vacation from school. Parents may be able to work out a new arrangement amicably, or the matter may require the involvement of a family law judge.
The courts typically can’t prevent one parent from leaving the state if they do not intend to take their children with them. Understanding the rules that govern parental relocations in a shared custody scenario can help parents take appropriate steps for their own protection. Moving away is often possible, even when sharing custody.